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  • Stadium Casino RE, LLC v. Pennsylvania Gaming Control Bd.

    Publication Date: 2024-08-02
    Practice Area: Administrative Law
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20 MM 2023

    Unsuccessful category 4 slot machine license bidder challenged board's grant of the license and court found 4 Pa.C.S. §1305.2(c) was a jurisdictional provision, satisfaction of which had to be met before board could consider an application submitted by the auction winner but that section only defined board's conduct in connection with Category 4 slot machine license auctions, not its competency to preside over auction, application and licensing proceedings. Affirmed.

  • Odedeyi v. Wells Fargo Bank

    Publication Date: 2024-08-02
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1277 EDA 2023

    Trial court erred in denying prejudgment interest in conversion claim where bank accepted two-party check that contained a forged signature of one of the parties, which was ineffective to negotiate the check, and where interest could be reasonably calculated. Order of the trial court reversed, case remanded.

  • McFadden v. Genovesi

    Publication Date: 2024-08-02
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2015-06593

    Plaintiff appealed from the trial court's order mandating that he execute settlement documents pursuant to a settlement agreement with defendant. The court concluded that the appeal should be dismissed for plaintiff's failure to file a statement of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).

  • Follman v. Sch. Dist. of Philadelphia

    Publication Date: 2024-08-02
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1323 C.D. 2023

    Petitioner sought review of an order of Pennsylvania's Secretary of Education which affirmed a decision of respondent School District of Philadelphia's Board of Education that dismissed petitioner from his employment as a tenured teacher. The court reversed, reinstated petitioner, and remanded for a determination of damages. The court held that Board violated petitioner's rights to a hearing under the School Code's procedures for the termination of tenured professional employees when Board's hearing officer conducted petitioner's term

  • Shirley v. Pennsylvania Legislative Reference Bureau

    Publication Date: 2024-08-02
    Practice Area: Environmental Law
    Industry: Non-Profit | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 85 MAP 2022

    Nonprofit environmental corporations appealed the Commonwealth Court's denial of their petitions to intervene in litigation involving the Pennsylvania Department of Environmental Protection's rulemaking regulation intended to effectuate the Commonwealth's membership in the Regional Greenhouse Gas Initiative. The court reversed the denial of intervention, holding that the nonprofits had legally enforceable interests that entitled them to intervention in light of evidence demonstrating the effects of carbon dioxide emissions and the imp

  • Law Journal Press | Digital Book

    Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

    Authors: James C. Freund

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  • Molchan v. Mercer County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 382 C.D. 2023

    Trial court erred in denying petition to set aside upset tax sale based on alleged defects in posted notice where county revenue department's director was not qualified to testify as to how third-party company created and maintained its record of posting notice on the property. Order of the trial court reversed.

  • Peterson v. Stacy's Pizza, Inc.

    Publication Date: 2024-08-02
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956

    In this § 1925(a) opinion, the court defended its order granting a compulsory nonsuit to appellees in a personal injury case arising from a claimed injury to appellant, a delivery driver, that he said happened when a metal shutter door suddenly came down on top of his head while he was making a delivery to appellees' location.

  • Estate of Walter Edmonds, deceased v. Zandieh

    Publication Date: 2024-08-02
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2500 EDA 2023

    The court reversed the decree of the orphans court denying appellant's petition seeking specific performance of an agreement for the sale of real estate with a beneficiary of an estate.

  • Clay v. First Nat'l Bank

    Publication Date: 2024-08-02
    Practice Area: Dispute Resolution
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: GD23-8768

    Defendant bank appealed the court's denial of its preliminary objection seeking contractual arbitration of plaintiff's class action suit challenging defendant's overdraft and insufficient fund fees. The court concluded that its order should be affirmed where plaintiff, as a customer of a bank that was subsequently acquired by defendant, never assented to the addition of an arbitration provision and class action waiver to her deposit account agreement.

  • Ottinger v. Bucks County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-03779

    In this § 1925(a) opinion, the court justified its ruling denying appellant's petition to set aside a tax sale of his property and granting a judgment of possession to Jessica Poltavskiy and urged the Commonwealth Court to affirm because appellant received adequate notice of the sale after two previous upset tax sales were the subject of notice by both posting and personal service.