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Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-1461
Defendant city sought summary judgment in plaintiff's personal injury action alleging liability for a hazardous condition on a roadway. The court granted the motion, holding that plaintiff could not recover as a matter of law where she admitted in deposition testimony that she was not watching where she was going as she crossed the street in her mobility scooter, and that had she been watching she would have seen and avoided the clearly dangerous pothole in the road.
Publication Date: 2024-08-23
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 304 C.D. 2021
Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su
Publication Date: 2024-08-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 2084 EDA 2020
Appellant appealed the dismissal of his Post Conviction Relief Act petition. The court affirmed, overruling prior authority and holding that appellant's allegation of illegal sentencing in violation of Apprendi was subject to harmless error review. The court concluded that in appellant's case, he suffered no illegal sentence where, despite a Sixth Amendment violation, the Apprendi sentencing error was harmless.
Publication Date: 2024-08-23
Practice Area: Consumer Protection
Industry: E-Commerce | Health Care | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3216
Plaintiffs established Article III standing for data breach by alleging that their personally identifiable information ended up on the dark web, requiring them to take affirmative identity theft mitigation efforts and suffering various incidents of alleged identity theft. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2024-08-23
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Satlz
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-20502
Defendant property owner appealed the trial court's judgment in favor of plaintiff real estate brokerage firm. The court opined that its judgment should be affirmed where plaintiff was properly awarded recovery of a leasing commission pursuant to the parties' former exclusive agency agreement after a prior tenant amended its lease to include additional space in defendant's building.
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Publication Date: 2024-08-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 2591 EDA 2021
Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.
Publication Date: 2024-08-23
Practice Area: Damages
Industry: Energy | Insurance | Retail
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 1403 EDA 2023
Insurer was obligated to provide defense in underlying action that initially alleged the existence of a franchise agreement, pursuant to insurance policy's franchisor endorsement, but insurer had no indemnification obligation where underlying action ultimately established a lack of a franchise relationship. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-01142
Court granted defendants' preliminary objections in part and denied them in part. Plaintiff was directed to file an amended complaint.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Bright
Attorneys: For plaintiff:
for defendant:
Case Number: 2390
Personal injury plaintiffs appealed the court's order granting appellee property owner's motion to dismiss on the basis of forum non conveniens. The court concluded that its order should be affirmed where the accident at issue occurred in a business located in Delaware, appellee had merely minimal connections with Pennsylvania, and Delaware was a viable alternative forum for appellants' suit.
Publication Date: 2024-08-23
Practice Area: Real Estate
Industry: Hospitality and Lodging | Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 962 C.D. 2022
The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.
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