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  • In Re: Estate of Roczey

    Publication Date: 2018-09-18
    Practice Area: Family Law | Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1034

    Petitioners failed to demonstrate that decedent lacked sufficient mental capacity to execute a new will where they produced no medical evidence to support the claim and they themselves had decedent sign an attorney contingency fee agreement during the same period, illustrating confidence in decedent's mental capacity. The court denied a petition to vacate decedent's will.

  • Pa. State Sys. of Higher Educ. v. Ass'n of Pa. State College and Univ. Faculties

    Publication Date: 2018-09-18
    Practice Area: Dispute Resolution | Education Law | Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1087

    Arbitrator's award reinstating faculty member after his termination for a sexual offense conviction 27 years earlier did not violate the essence test or the public policy exception to the essence test. Affirmed.

  • Commonwealth v. Kemp

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1071

    The trial court did not err in denying defendant's motion to suppress evidence seized from his residence where the drug transactions at issue did not take place in or near his residence, as the facts connected the illegal transactions to defendant's residence in a common-sense way and permitted the issuing authority to conclude that drugs would likely be found there. The appellate court affirmed defendant's judgment of sentence.

  • American Express Bank, FSB v. Martin et al

    Publication Date: 2018-09-18
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1102

    While defendant's appeal from an order dismissing his consumer protection counterclaim was properly before the appellate court under Pa.R.Civ.P. 232, the appeal lacked merit since the mere acquisition of counsel does not satisfy the "ascertainable loss" requirement for a claim under the Unfair Trade Practices and Consumer Protection Law. The appellate court affirmed in part and dismissed defendant's appeal as moot.

  • Pileggi v. Newton Twp.

    Publication Date: 2018-09-18
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1066

    Property owners were not entitled to mandamus relief where the township's action was discretionary and not a mandatory duty. The township acted in a timely manner in issuing a decision on the property owners' planning module, so it was not deemed approved.

  • Vorchheimer v. The Philadelphian Owners Ass'n

    Publication Date: 2018-09-18
    Practice Area: Civil Rights | Health Care Law
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1112

    District court properly dismissed appellant's claim that condominium failed to accommodate her needs in refusing to allow her to leave her walker in the lobby because she did not plausibly plead that she needed to leave it in the lobby and condominium offered four alternative accommodations that satisfied her medical needs. Affirmed.

  • Commonwealth v. Vucich

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1070

    The trial court erred in admitting two photographs of the victim of defendant's sexual abuse taken when the crimes allegedly occurred since defendant did not contest that the victim was a child when the alleged abuse occurred; however, any prejudice was de minimis and, thus, harmless beyond a reasonable doubt. The appellate court affirmed defendant's judgment of sentence.

  • Zehner v. Zehner

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1108

    Trial court did not abuse its discretion in granting former wife's petition seeking an amended QDRO utilizing a correct coverture fraction consistent with 23 Pa.C.S.A. §3501(c)(1) and husband's argument that the trial court lacked jurisdiction to modify the order failed because the QDRO's use of an improper coverture fraction constituted a fatal defect on the face of the record. Affirmed.

  • Miley v. Toll Brothers, Inc., et al

    Publication Date: 2018-09-18
    Practice Area: Dispute Resolution | Real Estate
    Industry: Construction | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1035

    The court denied defendants' motion to compel arbitration where plaintiffs were not a party to the original agreement of sale containing an arbitration clause and there was no reason to find the arbitration agreement extended by implication or that plaintiffs were third-party beneficiaries of the agreement. The court recommended affirmance of its order denying defendants' petition to compel arbitration.

  • South Middleton Twp. v. Amerifreight Sys. LLC

    Publication Date: 2018-09-18
    Practice Area: Damages | Evidence | Government
    Industry: Cargo and Shipping | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1110

    The court granted defendants' motion for partial summary judgment to preclude recovery of attorney fees and denied plaintiff's motion for sanctions without prejudice in case where defendant's driver crashed a tractor trailer into plaintiff's historic bridge and damaged it but defense counsel did not produce driver for a deposition or concede liability because it was possible that defendants might present evidence in support of their position on liability that did not require the driver's deposition or an expert. Granted in part, denie