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  • Alsyrawan v. Dep't of Human Servs.

    Publication Date: 2024-06-07
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 111 C.D. 2023

    Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe

  • Van Horn v. The Giant Co., LLC

    Publication Date: 2024-06-07
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carpenter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2149 EDA 2023

    The court filed a § 1925(a) opinion in support of its order granting defendant's motion to transfer the venue of this slip and fall case to Montgomery County.

  • Commonwealth v. Marnoch

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 517 EDA 2023

    Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.

  • Pruitt v. T-Mobile USA, Inc.

    Publication Date: 2024-06-07
    Practice Area: Civil Rights
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Stickman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:23-cv-1950

    Defendant moved to dismiss plaintiff's title VII, Americans with Disabilities Act, Pennsylvania Human Relations Act religious, pregnancy and disability discrimination action asserting failure to accommodate and wrongful termination and court found she failed to exhaust her administrative remedies as to the disparate impact, disability discrimination and unlawful interference claims but sufficiently established her religious discrimination and sex discrimination claims. Motion granted in part and denied in part.

  • Lakeview Loan Servicing, LLC v. Rivers

    Publication Date: 2024-06-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 001402-CV-2020

    Plaintiff sought summary judgment in its action to eject defendant from a residential lot after a mortgage foreclosure. The court denied plaintiff's summary judgment motion where fact issues remained as to whether defendant occupied only the single lot identified and claimed by plaintiff, or instead resided upon multiple lots that might be joined and inseparable.

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    Connecticut Foreclosures: An Attorney’s Manual of Practice and Procedure 2024

    Authors: Denis R. Caron, Geoffrey K. Milne, Andrew P. Barsom

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  • In re New Cent. Baptist Church

    Publication Date: 2024-06-07
    Practice Area: Corporate Governance
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1079 C.D. 2022

    Orphans' court erred in denying church's request for a decree validating the August 2018 and 2019 elections and votes for church trustees and the February 2019 votes removing the pastor because some of orphans' court's findings regarding bylaw and vote requirements were unsupported by competent and adequate evidence of record, its reasoning was internally inconsistent and contradictory, and its interpretation of the bylaws notice provision was ordinarily barred by the rules of construction. Vacated and remanded.

  • Commonwealth v. Rivera

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 296 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.

  • Kalch v. McDougle

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 7907 CIVIL 2023

    Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.

  • Hampton v. Progressive Ins. Co.

    Publication Date: 2024-06-07
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1011

    Bad faith insurance claim failed where plaintiff failed to plead sufficient facts of unreasonable conduct by insurer or facts that would support an inference of unreasonableness in the insurer's settlement offer. Defendant's partial motion to dismiss granted.

  • Appeal of: Clarke

    Publication Date: 2024-06-07
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 249 C.D. 2023

    Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.