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Publication Date: 2024-05-24
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 8086 CV 2023
The court denied defendant's receiver's preliminary objections to plaintiff's mortgage foreclosure complaint and ordered the receiver to file defendant's answer to the complaint.
Publication Date: 2024-05-24
Practice Area: Criminal Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Beck
Attorneys: For plaintiff:
for defendant:
Case Number: 534 MDA 2023
Trial counsel was ineffective in failing to call character witnesses in a he said/she said case where identity and credibility were central issues.
Publication Date: 2024-05-24
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 7714 CIVIL 2023
Plaintiff filed a preliminary objection to defendants' second amended answer and counterclaim. The court sustained the preliminary objection and struck defendants' counterclaim for unjust enrichment where defendants asserted that plaintiff was not entitled to any recovery, yet defendants admitted making payment to plaintiff for work performed and completed.
Publication Date: 2024-05-24
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 765 C.D. 2023
Petitioner charter school sought review of respondent Department of Education's order requiring school district to pay petitioner tuition owed for students who attended petitioner in a previous school year. The court vacated respondent's order and remanded with instructions where respondent's decision lacked findings of fact and conclusions of law that would allow effective appellate review.
Publication Date: 2024-05-24
Practice Area: Wrongful Death
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1784
Appellants, the parents of Tyler M.
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Authors: Kessler & Solomiany LLC, Randall M. Kessler, Editor
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Publication Date: 2024-05-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Beck
Attorneys: For plaintiff:
for defendant:
Case Number: 15 EDM 2024
Juvenile court properly considered petitioner's treatment, supervision and rehabilitative needs in sending him to a secure detention center after he was twice adjudicated delinquent. Affirmed.
Publication Date: 2024-05-24
Practice Area: Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 500 C.D. 2020
Environmental Hearing Board had discretion to rescind quarrying permits rather than remand to address board's concerns where applicant failed to meet a statutory requirement for issuance of one of the permits. Order of the Pennsylvania Environmental Hearing Board affirmed.
Publication Date: 2024-05-24
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 19-00528
Defendant medical providers moved to preclude plaintiff from offering expert testimony in support of her claim of corporate negligence in the treatment of a patient with mental health issues who leapt from the roof of defendant hospital. The court denied defendants' motion without prejudice to their seeking a directed verdict on the issue at trial.
Publication Date: 2024-05-24
Practice Area: Dispute Resolution
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2460 CV 2023
Defendant construction company filed preliminary objections to plaintiffs' complaint alleging failure to properly construct a prefabricated home on plaintiffs' property. The trial court sustained defendant's preliminary objection that the matter should go to binding arbitration under a contractual arbitration clause in the parties' written construction agreement. The court reasoned that the arbitration clause was not subject to the requirements of the Pennsylvania Home Improvement Act where the Act excluded construction of a new home
Publication Date: 2024-05-24
Practice Area: Administrative Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 484 C.D. 2022
DOT's unreasonable delay in imposing a license suspension prejudiced licensee who refrained from driving upon the belief that his withdrawal of his appeal meant the suspension automatically went into effect and due to licensee's increasing need to transport his family and drive for work. Order of the trial court reversed.
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