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LifeQuest Nursing Ctr. v. Workers' Compensation Appeal Bd.

Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0929

Board erred in reversing the denial of claimant's penalty petition and termination of her benefits because the issuance of the supplemental agreements during a period in which employer was paying benefits pursuant to an NTCP was not an admission of liability for the alleged work-related injury. Reversed.
In the Interest of J.B.

Publication Date: 2018-08-07
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0928

Superior Court erred in affirming juvenile's adjudication as delinquent for the murder of his stepmother because the evidence was, at best, in equipoise and was insufficient as a matter of law to overcome the presumption of innocence. Reversed.
Sugar Grove Township v. Byler

Publication Date: 2018-08-07
Practice Area: Land Use and Planning
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0923

Trial court erred in directing appellant to pay fines in a dispute over a privy and in finding that the privy ordinance applied retroactively but correctly found that trust that owned the property violated the uniform construction code by not obtaining building permits for two later-built residences and the matter was remanded for the trial court to consider the issue of religious freedom under the federal and state constitutions and the religious freedom act. Affirmed in part, reversed in part and vacated in part.
Cooley v. Addimando

Publication Date: 2018-08-07
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Glazer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0908

An integration clause contained in a real estate sale agreement precluded reliance on representations about the dimensions of the property. The court dismissed the complaint's breach of contract, fraud and unfair trade practices claims.
Werther v. FirsTrust Bank

Publication Date: 2018-08-07
Practice Area: Banking and Finance Laws | Civil Procedure
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge McInerney
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0902

Plaintiff, a judgment creditor, was not entitled to relief on its claim against the garnishee bank, as the bank did nothing wrong in cashing a debtor's paychecks, despite plaintiff's outstanding writs. The court recommended affirmance of its orders granting garnishee relief and dissolving the outstanding writs of execution.
Gillis v. Respond Power, LLC

Publication Date: 2018-07-31
Practice Area: Class Actions | Contracts | Public Utilities
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0881

Breach of contract and implied covenant of good faith and fair dealing arising from electric generation supplier's failure to provide savings over local utility company rates dismissed where supplier's agreement expressly stated supplier could not guarantee customers would see savings over utility companies' rates. Defendant's motion to dismiss granted.
Commonwealth v. Williams

Publication Date: 2018-07-31
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Brinkley
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0872

The court denied a motion for post-conviction relief, because the defendant failed to demonstrate that newly-discovered evidence would have altered the outcome at trial.
Hovatter v. CSX Transp., Inc.

Publication Date: 2018-07-31
Practice Area: Civil Procedure | Employment Litigation | Personal Injury
Industry: Transportation
Court: Superior Court
Judge: Judge Platt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0890

Trial court erred in finding that 45 U.S.C. §56 controlled appellant's motion to dismiss appellees' FELA claims on forum non conveniens grounds and abused its discretion in giving heightened deference to appellees' choice of forum because §56 addressed venue in federal district courts, not forum non conveniens in state courts, and abused its discretion in denying the motion. Reversed.
Allen v. Unemployment Comp. Bd. of Review

Publication Date: 2018-07-31
Practice Area: Administrative Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0713

Petitioner failed to demonstrate that employer's work rules were not uniformly enforced where both he and co-worker used "profane" and "abusive" language but only he was fired, as the record demonstrated that the conduct at issue was not the same and that petitioner's offensive conduct was more significant. The appellate court affirmed.
Fulton v. City of Philadelphia

Publication Date: 2018-07-31
Practice Area: Constitutional Law | Family Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Tucker
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0885

Preliminary injunction to reverse suspension of publicly-funded referrals to faith-based foster care services was denied. Plaintiffs' motion denied.

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