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Philadelphia Reg'l Port Auth. v. Unemployment Comp. Review. Bd.

Publication Date: 2018-08-14
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0954

Board correctly found claimant was eligible for benefits under the Voluntary Layoff Option provision in §402(b) because she accepted a layoff from an available position pursuant to employer's voluntary separation incentive program. Affirmed.
Ross v. Toll Bros. Inc.

Publication Date: 2018-08-14
Practice Area: Consumer Protection | Contracts | Dispute Resolution
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge New
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0939

A builder was not entitled to an order compelling arbitration where property owners were not the original purchasers and were not bound by the terms of the limited warranty. The court also rejected the builder's third-party beneficiary and equitable estoppel arguments.
Sunday v. Berkshire Hathaway Homestate Ins. Co.

Publication Date: 2018-08-14
Practice Area: Insurance Litigation
Industry: Insurance | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Caputo
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0956

One insurance company's motion for summary judgment was granted and another company's motion was denied in an action for breach of contract. Granted in part, denied in part.
Tower Access Group, LLC v. The S. Union Twp. Zoning Hearing Bd.

Publication Date: 2018-08-14
Practice Area: Land Use and Planning
Industry: Construction | State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0957

Board erred in placing the burden on applicant to meet the requirements of §602.4 when appellant applied for a special exception to build a communication tower because the applicant had the burden of persuasion only as to specific requirements and objectors had the burden as to all general detrimental effects. Vacated and remanded.
In the Interest of E.O.

Publication Date: 2018-08-14
Practice Area: Civil Procedure | Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0941

Where the evidence established that father's contemptuous conduct did not occur in open court, the trial court erred in classifying his conduct as direct criminal conduct and in denying him the procedural safeguards to which he was entitled. The appellate court vacated and remanded.
Plaxton v. Philadelphia Zoning Bd. of Adjustment et al

Publication Date: 2018-08-14
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Anders
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0934

Objectors lacked standing to appeal the grant of a zoning variance for use of property as a parking space where they failed to demonstrate that the grant of the variance would have some discernible effect on some interest of theirs in a way that was greater than that of any other citizen and they came to court with unclean hands. The court recommended affirmance of its order dismissing objectors' appeal.
Maule v. Anheuser Busch, LLC

Publication Date: 2018-08-14
Practice Area: Copyrights
Industry: Advertising | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0949

Copyright infringement case was dismissed where sole protected element common to both works was not sufficiently similar to constitute infringement. Defendants' motion to dismiss granted.
Jackson v. Dept. of Transp., Bureau of Driver Licensing

Publication Date: 2018-08-14
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0946

Driver's license suspension was upheld where driver refused to submit to blood test after being provided correct implied consent warnings, despite subsequently being offered a breath test unaccompanied by a warning of enhanced criminal penalties. Order of the trial court affirmed.
Scrip v. Seneca

Publication Date: 2018-08-14
Practice Area: Whistleblower Laws
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0895

Trial court did not err in dismissing juvenile probation officer's whistleblower suit alleging he was terminated in retaliation for reporting wrongdoing in referring juveniles to a resource facility because the whistleblower law did not apply to the judiciary, sovereign immunity barred his public policy exception claim grounded in common law and he failed to allege sufficient facts to show that the individual defendants were acting outside the scope of their employment. Affirmed.
Grub v. Consolidated Rail Corp. et al

Publication Date: 2018-08-14
Practice Area: Toxic Torts
Industry: Cargo and Shipping | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0932

Plaintiff, a former railroad employee, was barred from bringing claims against his former employers under the Federal Employers' Liability Act for alleged exposure to toxic chemicals where he executed a settlement agreement releasing his former employers from liability for future injuries arising from the known risks of chemical exposure. The court recommended affirmance on appeal.

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