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  • Bowlen v. Coloplast A/S

    Publication Date: 2018-10-02
    Practice Area: Food and Drug Act | Litigation | Products Liability
    Industry: Health Care | Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Cercone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1171

    Plaintiff's strict liability and negligence claims against defendants, the manufacturers of a medical device intended to treat erectile disfunction, were not preempted by the Medical Device Amendment because they fell into the parallel claim exception. The court denied in part defendants' motion to dismiss.

  • Housing Auth. of Monroe County v. Washington

    Publication Date: 2018-10-02
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1127

    Defendant violated plaintiff's zero-tolerance lease policy by having a firearm and allowing criminal activity in her residence, so the court evicted defendant from the property.

  • Barak v. Karolizki et al

    Publication Date: 2018-10-02
    Practice Area: Civil Appeals | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1172

    The appellate court considered two conflicting high court precedents on the issue of whether an order striking lis pendens is interlocutory and concluded that the older precedent, holding that such an order is final and immediately appealable, remained binding precedent. The appellate court vacated an order striking lis pendens and remanded.

  • K.D. v. Downingtown Area Sch. Dist.

    Publication Date: 2018-10-02
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1176

    The appellate court clarified that the U.S. Supreme Court's holding in Endrew F. v. Douglas Cty. Sch. Dist. did not implicitly overrule its meaningful-benefit test applicable to a public-school student's individualized education programs and that the minor child's programs were reasonably calculated to enable her to make appropriate progress. The appellate court affirmed the district court's judgment in favor of the school district.

  • Nitardy v. Chabot

    Publication Date: 2018-10-02
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1169

    Trial court properly found that the parties orally modified the lease term and that landlord's "written list of damages" did not satisfy §250.512(a) but erred finding evidence of pet use came under ordinary wear and tear since the lease had a separate clause relating to cleaning evidence of pet use and the case was remanded to determine whether landlord established actual damage and if the amount listed to repair was reasonable. Affirmed in part and vacated in part.

  • Pace v. Wal-Mart Stores E., LP

    Publication Date: 2018-10-02
    Practice Area: Evidence | Premises Liability
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1183

    Summary judgment dismissal granted in premises liability action where plaintiff was unable to show defendant's causation or actual or constructive notice of hazardous condition and where defendant's certification of the nonexistence of surveillance video defeated any inference of spoliation of evidence. Defendant's motion for summary judgment granted.

  • Rufo v. Bd. of License and Inspection Review

    Publication Date: 2018-10-02
    Practice Area: Administrative Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1168

    Commonwealth court erred in holding city ordinance, which required windows with frames and glazing and doors in vacant buildings, un-constitutional because its reasoning did not account for the longstanding principle that ordinances enjoyed the presumption of constitutional validity and plaintiff failed to offer any evidence or persuasive argument to overcome the presumed constitutionality. Vacated.

  • Boyer v. City of Philadelphia

    Publication Date: 2018-10-02
    Practice Area: Civil Rights | Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1170

    Defendants made a motion in limine to exclude certain of plaintiff's evidence in his action asserting his termination as a police officer was in violation of the equal protection clause and that city used different disciplinary proceedings for officers based on race and court barred a vo-cational report as hearsay, precluded evidence of plaintiff's previous discrimination suit since evidence of retaliation did not make it more or less probable that he was discriminated against because of his race, barred other evidence because his whi

  • Ball v. Forcier

    Publication Date: 2018-10-02
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1122

    The court dismissed plaintiff's claim for damages associated with the removal and destruction of personal property from a storage unit, where plaintiff lacked credibility and failed to provide sufficient evidence to support her claim.

  • Commonwealth v. Brownlee

    Publication Date: 2018-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Mark
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1124

    Defendant's convictions for simple assault and harassment merged with the burglary conviction for sentencing purposes. The court concluded the burglary conviction was supported by the evidence.