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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1440 C.D. 2021
Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.
Publication Date: 2024-09-06
Practice Area: Wrongful Death
Industry: Cargo and Shipping | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2024 CV 3773
Plaintiff's amended petition to approve a wrongful death proposed settlement was approved but a petition to seal the judicial record was denied.
Publication Date: 2024-09-06
Practice Area: Contractual Disputes
Industry: Construction
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2982 EDA 2022
Trial court properly awarded counsel fees to appellee after appellants' confession of judgment complaint was dismissed because appellants lacked a sufficient basis in law or fact to commence the action and the sole purpose of the action was to cause annoyance to appellee. Affirmed.
Publication Date: 2024-09-06
Practice Area: Labor Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 942 C.D. 2023
Employer petitioned for review of an order of the Workers' Compensation Appeal Board affirming in part and reversing in part the order of a Workers' Compensation Judge that granted employee's claim petition. The court affirmed in part, reversed in part, and remanded for further proceedings, holding that the WCJ's findings that a claimant suffered knee and lower back injuries were not adequately reasoned where the injury descriptions were too general and vague to permit effective review.
Publication Date: 2024-09-06
Practice Area: Medical Malpractice
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 1147 CV 2024
The court denied defendants preliminary objections to plaintiff's complaint alleging that his late mother died because defendants failed to provide her with competent home health care.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2024-09-06
Practice Area: Administrative Law
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 529 C.D. 2022
Trial court abused its discretion in imposing a de minimis fine in response to a landlord's failure to remediate serious fire code violations for over two years. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Consumer Protection
Industry: Agriculture | Chemicals and Materials | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3075
Multidistrict litigation court erred in ruling that plaintiff's failure-to-warn claim was not preempted under the Federal Insecticide, Fungicide and Rodenticide Act because neither issue preclusion nor administrative law provided a basis to affirm, the preapproval regulation prohibited modifying health warnings on a pesticide's preapproved label and the parallel requirements test was not satisfied when the Pennsylvania duty to warn and the federal comparator were compared. Reversed.
Publication Date: 2024-09-06
Practice Area: Real Estate
Industry: Transportation
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 73 MAP 2023
The court reversed the Commonwealth Court and remanded for reinstatement of the trial court's order dismissing the condemnation action where appellants proved that the public was not the "primary and paramount beneficiary" of the taking.
Publication Date: 2024-09-06
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 70 & 71 C.D. 2023
Plaintiff property owners appealed the trial court's order denying their request for injunctive and declaratory relief in their action challenging their homeowners' association's restrictions on short-term rentals. The court affirmed in part, reversed in part, and remanded with directions for entry of a declaratory judgment in favor of plaintiffs that the association's bylaw amendment restricting short-term rentals was void and unenforceable.
Publication Date: 2024-09-06
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70006 of 2023, M.D.
Appellant appealed the denial of his application for disability pension benefits. The court held that where a city police pension plan ordinance did not expressly require the unanimous agreement of examining physicians as to the nature of an applicant's disability, a disabled municipal police officer met his burden of proof in support of his application for disability pension benefits where a majority of examining physicians concluded that he was disabled on some basis.
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