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  • Dobbs v. A Impulse Auto

    Publication Date: 2018-09-11
    Practice Area: Civil Procedure | Premises Liability
    Industry: Automotive
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Younge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1059

    The court denied a motion to strike or open a judgment, because defendants were properly served with the summons, complaint and the notice of default. Minor irregularities in the notice of default did not invalidate the default judgment.

  • U.S. v. Clark

    Publication Date: 2018-09-10
    Practice Area: Civil Rights | Constitutional Law | Criminal Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Ambro
    Attorneys: For plaintiff: Craig Carpenito, United States Attorney, William F. Fitzpatrick, Acting United States Attorney, and Mark E. Coyne (Office of United States Attorney); Norman Gross, Assistant United States Attorney
    for defendant: Lisa Van Hoeck (Office of Federal Public Defender)
    Case Number: 17-2739

    Officers Impermissibly Extended Traffic Stop After Confirming Driver's Authority to Drive and Resolving Original Motor Vehicle Code Violations

  • Gumbs v. State of Delaware Dep't of Labor

    Publication Date: 2018-09-05
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Vanaskie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68274

    An employee failed to establish a prima facie claim under the Equal Pay Act where she did not have the same responsibilities or accountability as the other employee in question.

  • Commonwealth v. Manuel

    Publication Date: 2018-09-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1049

    Evidence seized pursuant to search warrant suppressed when the warrant was obtained from information provided by confidential informant based on his alleged personal observations, where the CI's previous information had only led to one felony arrest and police failed to independently corroborate the CI's information. Judgment of sentence reversed.

  • The Marcellus Shale Coal. v. Dep't of Envtl. Protection

    Publication Date: 2018-09-04
    Practice Area: Environmental Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1046

    The court found that the regulatory definitions of "other critical communities," "common areas of a schools' property" and "playground contained in 25 Pa. Code §78a.1 were void and unenforceable and §78a.15(g)'s requirement that the department consider comments submitted by municipalities was unconstitutional and unenforceable but denied petitioner's challenge to chapter 78 regulations in all other aspects. Granted in part and denied in part.

  • Robinson v. Fye

    Publication Date: 2018-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1045

    Trial court properly found that res judicata and collateral estoppel barred appellant's constitutional claims based on alleged retaliation by correctional institution employees and defendants did not waive those affirmative defenses by raising them late because §6602(e) permitted a court to dismiss the litigation at any time if the court found that an affirmative defense could be validly raised. Affirmed.

  • Sanchez v. Nikparvar

    Publication Date: 2018-09-04
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Carbon
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1010

    The court denied an amended request for an enlargement of time to file a 1925(b) concise statement nunc pro tunc, because defendant failed to provide any factual basis to show why the concise statement was not timely filed in the first place.

  • Timcho v. Workers' Compensation Appeal Bd

    Publication Date: 2018-09-04
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1048

    Board erred in denying claimant's reinstatement petition for failure to raise his constitutional challenge to §306(a.2) in his petition and brief to the commonwealth court relative to litigation of the underlying modification petition that modified his benefits based on an IRE because Whitfield v. Workers' Compensation Appeal Bd., Pa. Cmwlth, No. 608C.D.2017, resolved the issues in this case and claimant had not exhausted his partial disability benefits when he filed his reinstatement petition. Vacated and remanded.

  • A Special Touch v. Dept. of Labor and Industry

    Publication Date: 2018-09-04
    Practice Area: Labor Law | Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1054

    The facts at bar supported the conclusion that five people who worked for petitioner were independent contractors, as they could provide services to anyone and their work for the salon did not impede their ability to do so, even though these individuals did not in fact work for any other entities. The appellate court reversed in part.

  • Deraffele v. City of Williamsport et al

    Publication Date: 2018-09-04
    Practice Area: Litigation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming
    Judge: Judge Anderson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0996

    Plaintiff could not state a claim for malicious prosecution because his underlying conviction on a ticket for failing to vacate a property constituted conclusive evidence that defendants had probable cause to issue and prosecute the ticket, even though the conviction was overturned. The court sustained defendants' preliminary objections and dismissed plaintiff's complaint.