• Alfano v. City of Allentown et al

    Publication Date: 2019-04-29
    Practice Area: Civil Procedure
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Varricchio
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0441

    Defendant failed to produce evidence that plaintiff's conduct in filing this action to quiet title or in continuing to pursue litigation on an appeal, which she later discontinued, met one of the statutory conditions warranting sanctions in the form of attorney fees under 42 Pa.C.S. §2503. The court denied defendant's motion for sanctions.

  • Belliveau v. Phillips et al

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0447

    The trial court lacked jurisdiction to enter judgment against appellants in this action to quiet title where appellants, who purchased the property in dispute at a sheriff's sale, were not named as defendants in the complaint or personally served with the complaint. The appellate court vacated and remanded.

  • Scanlan v. American Airlines Group, Inc.

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure | Class Actions
    Industry: Aerospace
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0458

    Defendants moved to transfer plaintiff's putative class action alleging violations of the uniform services employment and reemployment rights act to the northern district of Texas and the court found defendants failed to establish the need for transfer because most of the Jumara factors were neutral while others weighed slightly in favor of plaintiff. Motion denied.

  • Piechowski v. Sorin Group Deutschland

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure | Trade Secrets
    Industry: Health Care | Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cohen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0349

    Defendants failed to satisfy their heavy burden of proof on a motion seeking a protective order for documents allegedly protected by trade secret where they offered conclusory allegations that failed to provide the curt with any specific facts or analysis explaining why the documents were entitled to protection. The court recommended affirmance.

  • Avery v. Cercone et al

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0434

    Where the jury returned an inconsistent verdict awarding plaintiff zero damages for pain and suffering, which verdict was noted before the jury was dismissed, the court was authorized to explain why the verdict was inconsistent and direct jurors to resume deliberations with the court's corrective instructions. The court recommended affirmance.

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  • Buchan v. Milton Hershey Sch.

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure
    Industry: Education
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0429

    The trial court properly sustained defendants' preliminary objection based on the applicable statute of limitations and dismissed plaintiff's state suit based on its finding that, in the absence of an order from the federal court, plaintiff's earlier filed and timely federal court action did not toll the statute of limitations on her state claims. The appellate court affirmed.

  • Sharpe v. McQuiller

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-04020

    Appellant appealed the judgment entered in favor of plaintiffs on a compulsory arbitration award over an automobile accident and the court found the original service of process was valid and conferred personal jurisdiction over appellant and she waived any objection to service of process when she participated in the merits of the litigation by providing handwritten and signed answers to interrogatories and requests for admission. Affirmed.

  • Metro Real Estate Inv., LLC v. Bembry

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0416

    Trial court erred in awarding landlord damages when landlord had pending action against tenants in municipal court and landlord could have amended municipal court complaint or consolidated municipal and trial court actions. Judgment vacated.

  • Discover Bank v. Zanfini

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0339

    Defendant's counterclaim in this debt collection action did not comply with the Pennsylvania Rules of Civil Procedure where it failed to allege any cause of action or identify any facts to support a claim such that plaintiff was unable to meaningfully respond or prepare a defense. The court sustained plaintiff's preliminary objections.

  • Cox v. Advanced Auto Parts

    Publication Date: 2019-04-08
    Practice Area: Civil Procedure | Personal Injury
    Industry: Retail
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0298

    Although a trial in York County would be more convenient for defendants' managers, defendants failed to meet their heavy burden under Pa.R.Civ.P. 1006(d)(1) of establishing that the trial of this matter in Lackawanna County would be oppressive. The court denied defendants' petition to transfer venue.