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U.S. v. Smukler

Publication Date: 2018-08-21
Practice Area: Civil Procedure | Election and Political Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0988

Defendant's motions to dismiss the superseding indictment charging him with campaign finance violations in two primary campaigns failed because the statute of limitations did not bar the count from one campaign and payments allowed another campaign to impermissibly spend general campaign contributions during a primary election. Motions denied.
PrimeLending v. Rosally

Publication Date: 2018-08-21
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0961

The plaintiff bank was entitled to summary relief in this ejectment action where the evidence demonstrated that the bank successfully obtained title to certain real property at a sheriff's sale upon defendant's default on a mortgage obligation and defendant failed to offer proof disputing plaintiff's ownership interest. The court granted plaintiff's motion for summary judgment.
Schwartz v. The Ritz-Carlton Hotel Co.

Publication Date: 2018-08-21
Practice Area: Dispute Resolution | Employment Litigation
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0985

Employer moved to compel arbitration, in former employee's age discrimination action, based on the arbitration provision in the employment agreement that specifically included claims of age discrimination and the court stayed the case pending the outcome of the arbitration. Motion granted.
SodeoMAGIC, LLC v. Drexel Univ.

Publication Date: 2018-08-21
Practice Area: Contracts
Industry: Education | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0974

Fraud claim barred where arising out of fully integrated contract and where barred by the gist of the action doctrine. Parties' cross-motions granted in part and denied in part.
Utesch v. Lannett Co., Inc.

Publication Date: 2018-08-21
Practice Area: Class Actions | Securities Litigation
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0981

Plaintiff's securities fraud claims against pharmaceutical company CEO and CFO failed because plaintiff did not satisfy the scienter standard for securities fraud where plaintiff's allegations were insufficiently particularized as to the CEO's and CFO's state of mind. Dismissed with prejudice.
Patane v. Dept. of Transp., Bureau of Driver Licensing

Publication Date: 2018-08-21
Practice Area: Administrative Law | Regulations
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0979

Implied consent warnings including statement about enhanced criminal penalties for refusal did not, following the U.S. Supreme Court's ruling in Birchfield v. North Dakota, render refusal to submit to chemical blood test unknowing or involuntary where statement was accurate at the time it was given and driver was correctly informed refusal would result in suspension of driving privileges, Order of the trial court affirmed.
Commonwealth v. Irick

Publication Date: 2018-08-21
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0972

The court of common pleas lacked jurisdiction to grant defendant's motion to suppress evidence, which motion the municipal court had denied, since a criminal defendant facing trial in municipal court may only petition for certiorari after sentencing. The court vacated and remanded.
Reading Health Sys. v. Bear Sterns & Co.

Publication Date: 2018-08-21
Practice Area: Civil Procedure | Dispute Resolution | Securities Litigation
Industry: Brokerage | Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0983

District court correctly found that appellee's action to compel arbitration was not one "arising out of" the broker-dealer agreements. Affirmed.
Armour Pharmacy v. Bureau of Workers' Compensation Fee Review Hearing Office

Publication Date: 2018-08-21
Practice Area: Administrative Law | Employment Litigation
Industry: Pharmaceuticals
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0982

Hearing office erred in holding that the compromise and release agreement between employer and claimant eliminated employer's liability to pay pharmacy for compounded cream for claimant because a C&R agreement could not be used to avoid the procedures in the act for challenging a provider's invoice or a fee review determination that the invoice must be paid. Vacated.
Thomas v. Thomas

Publication Date: 2018-08-21
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0987

Trial court properly found husband in civil contempt of its order requiring him to make payments to wife under the parties' equitable dis-tribution agreements and properly imposed sanctions in the form of counsel fees in favor of wife because wife showed husband had notice of the order, he had the ability to pay and he chose not to do so and husband's arguments about wife's allegedly false testimony at an earlier hearing were not before the court since he had squandered his opportunity for appellate review of those claims by failing t

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