• A.T. v. Oley Valley Sch. Dist.

    Publication Date: 2023-03-06
    Practice Area: Damages
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-4983

    Pursuant to the U.S. Supreme Court's decision in Cummings v. Premier Rehab Keller, P.L.L.C., plaintiffs could not recover compensatory damages for emotional distress based on claims brought under Title IX of the Education Amendments, §504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The court granted in part defendant's motion for summary judgment.

  • Ace v. Ace

    Publication Date: 2023-02-20
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6242 CIVIL 2020

    The court opined, based on standards set forth in 2021's Spencer v. Johnson, that the superior court would rule that joint and several liability applied to all defendants, without the limitations of the Fair Share Act, unless the plaintiff had some amount of contributory negligence. The court awarded plaintiff $345,866 in damages.

  • United States v. Al-Kofi

    Publication Date: 2022-11-07
    Practice Area: Damages
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:20-2-2

    Government sought restitution after defendant pled guilty to conspiracy to defraud the U.S. by committing food stamp fraud and court found government could not show the Department of Agriculture Food and Nutrition Service suffered any monetary loss as a direct result of defendant's conduct because the benefits would have been paid out regardless of defendant's fraudulent actions. Motion denied.

  • Kuchwara v. Hazzouri,

    Publication Date: 2022-10-31
    Practice Area: Damages
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 1361

    The court granted a motion to strike a lis pendens on the grounds that plaintiff simply sought punitive and compensatory damages and the relief sought did not arise out of allegations concerning the land at issue. Therefore, because plaintiff did not advance any claim in her pleadings regarding any right, title, or interest in the properties, the court granted defendant's motion to strike.

  • Wiggs v. Energy Coordinating Agency

    Publication Date: 2022-10-24
    Practice Area: Damages
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Hill
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2436 EDA 2021

    Court found against defendants, who raised a statement of matters complained of on appeal challenging the trial court's orders and jury's verdict arising out of a trial for damages stemming from a home repair contract between the parties. Although defendant argued that the court erred in various aspects regarding expert witnesses, the court held that these were harmless errors which did not prevent defendant from presenting their case to the jury.

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  • Hutchinson v. Millet

    Publication Date: 2022-09-19
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 1166

    The court's choice of law analysis in this personal injury case revealed a true conflict given that New Jersey and Pennsylvania laws would not produce the same result on plaintiff's punitive damages claims; thus, Pennsylvania law controlled since the state's policy interests would be furthered by application of its law. The court overruled defendants' preliminary objection.

  • Wallace v. Powell

    Publication Date: 2022-09-05
    Practice Area: Damages
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1008

    Court heard testimony from 300 witnesses and awarded compensatory and punitive damages to plaintiffs who were improperly sent to juvenile detention facilities by corrupt judges who made wrongful placement decisions as a result of egregious misconduct. Damages awarded.

  • Harris v. Sullivan

    Publication Date: 2022-06-20
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0579

    Plaintiff's complaint for defamation failed to adequately specify how defendant's alleged statements caused harm to plaintiff or entitled him to damages. The court granted preliminary objections but gave plaintiff an opportunity to amend.

  • Estate of Kanya v. Insectarium & Butterfly Pavilion, Inc.

    Publication Date: 2022-06-06
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0530

    The court awarded plaintiff both consequential and punitive damages in this trespass case where defendant admitted that it did not remove its own chattel and machinery from plaintiff's property due to the cost involved, leaving plaintiff to incur the cost of removal, and defendant acted with reckless indifference to plaintiff's property rights. The court recommended affirmance.

  • Koloras v. Dollar Tree Stores, Inc.

    Publication Date: 2022-05-23
    Practice Area: Damages
    Industry: Retail
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0493

    Plaintiff's punitive damages claim and related allegations of willful, wanton and reckless conduct survived defendant's preliminary objections since Pa.R.Civ.P. 1019(b) provides that such conditions of the mind may be averred generally. The court denied defendants' preliminary objections.