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Publication Date: 2024-11-01
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2022 CV 1161
Defendants filed preliminary objections seeking to dismiss plaintiff prisoner's filings that purportedly asserted allegations of constitutional torts. The court sustained defendants' preliminary objections and dismissed the action, holding that plaintiff never effectuated service of process, nor attempted to do so, within 30 months after initiating his case and before expiration of the governing statute of limitations on his claims.
Publication Date: 2024-11-01
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-09743-RC
The court denied the plaintiff's emergency motion for postponement of sheriff's sale filed May 14, 2024. The sale was scheduled for May 16, 2024. Plaintiff supplied no evidence to support its claim that it needed a postponement and would bear readvertisement costs. The court noted that the plaintiff could request a postponement from the sheriff's office directly that would eliminate the need for readvertisement of the sale. Per Pa. R. Civ. P. 3139(b)(1), there is no distinction between relief obtained from the court and relief obtai
Publication Date: 2024-11-01
Practice Area: Public Records
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 00527
In this §1925(a) opinion, the trial court urged that its March 4, 2024 order denying appellant's motion for bad faith and attorneys' fees and foregoing his bill of costs be affirmed by the Commonwealth Court because it was untimely and lacking in merit. The court included and incorporated by reference its January 3, 2024, order partially granting the City's appeal of the Office of Open Records determination along with its memorandum containing supportive analysis.
Publication Date: 2024-11-01
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 23-519
Defendant could introduce evidence of excessive alcohol consumption on the issue of life expectancy but not for any other purposes, including the cause(s) of plaintiff's falls. Plaintiff's motion in limine granted in part and denied in part.
Publication Date: 2024-11-01
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Diamond
Attorneys: For plaintiff:
for defendant:
Case Number: 24-2051
The court dismissed the case in which defendant MM-FCDC Partners defended against a foreclosure claim on a commercial property by, in part, claiming that plaintiff Wells Fargo failed to make a loan as promised. Plaintiff moved to dismiss the counterclaim for breach of contract claiming that it was barred by a state procedural rule. The court rejected that claim based on the doctrine of Erie v. Tompkins, 304 U.S. 64 (1938) under which a federal court in a diversity action that does not involve federal questions applies state law on su
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2024-11-01
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1509
Court dismissed race discrimination claims challenging changes to charter school admissions process where there was no evidence to support finding that the changes had a discriminatory motive or a racially disparate impact. Defendants' motion for summary judgment granted.
Publication Date: 2024-11-01
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 936 C.D. 2023
Petitioner claimant sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision which granted employer's petition to reduce claimant's workers' compensation benefits. The court affirmed, holding that neither Workers' Compensation Act Section 306(b)(2) nor associated regulations required disqualification of a vocational expert who inaccurately included expired credentials on written correspondence in claimant's case.
Publication Date: 2024-11-01
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Turner
Attorneys: For plaintiff:
for defendant:
Case Number: 02642
In a § 1925(a) opinion, the court justified its April 4, 2024, order granting plaintiff's motion for summary judgment against defendant due to its failure to remit required payments on a promissory note secured by a mortgage on real property.
Publication Date: 2024-11-01
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1095 C.D. 2023
Evidence was insufficient to support finding of willful misconduct where the record lacked evidence disproving that employee's violation of a rule was unintentional or that the employee's religious exemption request failed to comply with the employer's policies. Order of the UCBR reversed.
Publication Date: 2024-11-01
Practice Area: Criminal Law
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 1345 WDA 2023
Appellant appealed the trial court's judgments of sentence entered on her convictions of receiving stolen property and access device fraud. The court affirmed, holding that Commonwealth's evidence was sufficient to support appellant's conviction for RSP where appellant deposited checks into her personal bank account, and then promptly withdrew the funds, under circumstances showing that she had no reasonable belief she was entitled to the funds. The court held further that the evidence was sufficient to support appellant's conviction
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