Filter This View

  • The Ceramic Art & Culture Inst. v. Berks County Bd. of Assessment Appeals

    Publication Date: 2018-09-18
    Practice Area: Government | Tax
    Industry: State and Local Government
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1064

    A nonprofit organization was entitled to an exemption from real property taxes where it qualified as a pure public charity and was the equitable owner of the subject property.

  • Medlock v. Chilmark Home Inspections, LLC

    Publication Date: 2018-09-18
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1109

    Trial court's factual findings were supported by the record in case brought over water leakage and renovations in a basement that sellers had not disclosed on the property disclosure form and, while sellers had a duty to disclose the renovations on the form and they did not do so, inspection company failed to show that buyers suffered actual damage as result of the failure to disclose. Affirmed.

  • Commonwealth v. Dischman

    Publication Date: 2018-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1057

    The trial court did not err in concluding that it could not impose liability under Chapter 26 of the Crimes Code, i.e., the Crimes Against the Unborn Child Act, upon a pregnant woman regarding alleged crimes against her unborn child. The appellate court affirmed an order dismissing an aggravated assault charge against defendant.

  • Commonwealth v. Fernandez

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1099

    Pursuant to the state high court's 2017 decision in Commonwealth v. Muniz, the trial courts could not impose retroactively upon defendants the increased registration requirements in the Sex Offender Registration and Notification Act, regardless of whether defendants accepted plea bargains or were convicted at trial. The appellate court reversed trial court orders imposing increased sexual offender registration requirements.

  • Alejandro v. Philadelphia Vision Ctr. et al

    Publication Date: 2018-09-18
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1101

    Plaintiff could not maintain claims under Pennsylvania's Unfair Trade Practice and Consumer Protection against the defendant optical service providers because the UTPCPL does not apply to providers of medical services. The court granted defendants' motion for summary judgment.

  • Taksir v. The Vanguard Group

    Publication Date: 2018-09-18
    Practice Area: Securities Litigation
    Industry: Brokerage
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chagares
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1111

    District court correctly denied appellant's motion to dismiss appellees' breach of contract action over an alleged overcharge of a commission for trading stock because the Securities Litigation Uniform Standards Act did not bar the action since under Chadbourne & Parke LLP v. Troice, 571 U.S. 377 and Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit, 547 U.S. 71. The overcharges did not have a "connection that matter[ed]" to the securities transactions at issue. Affirmed.

  • Commonwealth v. Palmore

    Publication Date: 2018-09-18
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1100

    The trial court erred in excluding evidence of an alleged victim's prior sexual conduct where defendant sought to admit such evidence to attack the victim's credibility and establish a plausible motive for her accusations, not to portray her as promiscuous. The appellate court vacated defendant's judgment of sentence and remanded.

  • Silvestri v. Jeanes Hosp. et al

    Publication Date: 2018-09-18
    Practice Area: Government | Personal Injury
    Industry: Health Care | State and Local Government | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1036

    Plaintiff's claims against the City of Philadelphia for injuries allegedly suffered due to the negligence of a city ambulance operator were barred by Political Subdivision Tort Claims Act since the motor vehicle exception to sovereign immunity did not apply in this case, where plaintiff fell from a gurney after the ambulance was parked. The court recommended affirmance of its order sustaining the City's preliminary objections.

  • In the Interest of E.O., a minor

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1107

    Trial court erred in finding indirect criminal contempt for violation of visitation order where parent was not afforded procedural safeguards and where trial court imposed sentence of incarceration rather than fine. Order of the trial court vacated.

  • Witman v Strickler

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1033

    Mother demonstrated that a proposed move to Missouri to seize on an opportunity to own a working cattle farm was in her minor child's best interests but failed to demonstrate that it was necessary to move immediately. The court granted mother's petition to relocate but delayed the move until the school year's end.