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  • U.S. Bank Nat'l Ass'n v. Miles

    Publication Date: 2018-08-07
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0903

    Defendants were not entitled to strike or open a default judgment in this ejectment proceeding, because the record showed they were properly served, and defendants were collaterally estopped from raising issues with had already been litigated in the underlying foreclosure proceeding.

  • Bramer v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-08-07
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0914

    The trial court erred in directing the Commonwealth of Pennsylvania, Department of Transportation to allow appellant to undergo a driving examination to determine his competency where he had failed to overcome the prima facie case of incompetency established by PennDOT. The appellate court affirmed in part and reversed in part.

  • Commonwealth v. Smith

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0918

    PCRA petition properly dismissed where defendant failed to demonstrate due diligence in support of governmental interference and newly-discovered evidence exceptions to the PCRA time bar and where habeas claim was waived for failure to raise it at sentencing. Order of the PCRA court affirmed.

  • In Re: A.J.R.-H. et al

    Publication Date: 2018-08-07
    Practice Area: Evidence | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0912

    The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.

  • Hernandez v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-08-07
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0926

    The board properly affirmed the WCJ's grant of employer's termination petition, even though claimant credibly testified that he continued to experience pain from the work-related injury, because employer met its burden where employer's expert credibly testified that claimant had fully recovered from the work-related injury and his pain was the result of degenerative changes unrelated to the work injury. Affirmed.

  • BTS Stroudsburg, LLC v. Borough of Stroudsburg Zoning Hearing Bd.

    Publication Date: 2018-08-07
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Advertising | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Sibum
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0900

    The appellant/applicant for a dimensional sign height variance satisfied the more relaxed standard applicable to dimensional variances as the court could consider, when addressing the unnecessary hardship element, the characteristics and condition of the surrounding neighborhood. The court reversed the zoning hearing board and granted applicant a dimensional sign height variance.

  • Commonwealth v. Presley

    Publication Date: 2018-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0916

    Since a Post Conviction Relief Act appeal is a "criminal case" for purposes of Pa.R.App.P. 1925(c)(3) and PCRA counsel was per se ineffective in failing to timely file a rule 1925(b) statement, the court reviewed the substance of defendant's contention that the PCRA court erred in dismissing his underlying ineffective assistance of counsel claim. The appellate court affirmed defendant's judgment of sentence.

  • Joers v. City of Philadelphia

    Publication Date: 2018-08-07
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0920

    Employer bound by deemed admissions where failure to timely respond to plaintiffs' requests for admissions prejudiced them from taking depositions and discovery to support their claim tortfeasor employee was acting in scope of employment at time of accident. Judgment affirmed.

  • Patel v. Vaccaro

    Publication Date: 2018-08-07
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0930

    Court entered judgment for compensatory and punitive damages in plaintiff's legal malpractice action because defendants failed to respond or take any action in the underlying case for almost two years, their neglect led to a grant of summary judgment against plaintiff and their neglect of and lack of participation in the underlying action demonstrated a reckless indifference to the rights of others. Judgment for plaintiff.

  • Commonwealth v. White

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0919

    Term-of-years-to-life sentence affirmed where trial court properly considered mitigating factors and statutory factors in determining minimum sentence, and where term-of-years was sufficiently short to give juvenile defendant a meaningful opportunity for parole. Judgment of sentence affirmed.