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M.M. v. East Stroudsburg School District et al

Publication Date: 2018-04-17
Practice Area: Government | Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0337

The real estate exception to governmental immunity did not apply here, where plaintiffs claimed the minor plaintiff was injured while exiting a school bus but did not suggest that the surface of the school parking lot was defective or that it was not suitable for its intended purpose. The court granted defendants preliminary objection and dismissed plaintiffs complaint.
Black & Davison v. Chambersburg Area School District et al

Publication Date: 2018-04-17
Practice Area: Constitutional Law
Industry: Education | Legal Services | State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0445

Plaintiffs, the lawyers of a law firm that served as the Chambersburg Area School Districts solicitor for almost 50 years until their recent termination, sufficiently alleged that political affiliation was not an appropriate requirement for the solicitor position. The court denied in part defendants motion for summary judgment.
G&G Invrs, LLC v. Phillips Simmons Real Estate Holdings

Publication Date: 2018-04-17
Practice Area: Civil Appeals | Civil Procedure | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0449

Conservatorship hearing, where parties introduced documentary evidence and elicited witness testimony, sufficiently similar to a traditional trial that appellants failure to file post-trial motions resulted in waiver of appellate issues. Order of the trial court affirmed.
De Botton v. Kaplin

Publication Date: 2018-04-17
Practice Area: Discovery
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Tereschko
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0408

In this abuse of process matter, which plaintiffs filed following the dismissal of defendants federal anti-trust case, the court required defendants to produce certain documents under exceptions to the attorney-client privilege.
Ford v. Leal

Publication Date: 2018-04-17
Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0401

The court did not have specific personal jurisdiction over non-resident defendants under the states long arm statute where the motor vehicle accident occurred in another state, so it dismissed plaintiffs complaint.
Mitchell v. Gobel

Publication Date: 2018-04-17
Practice Area: Election and Political Law
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0456

Defendants were entitled to dismissal of plaintiff police officers action alleging violations of his first amendment rights, conspiracy and re-taliation by the solicitor and the borough when solicitor allegedly attempted to prevent him from running for the position of school director by encouraging others to challenge his nomination petition and allegedly influencing promotions in the police department because none of the events constituted materially adverse actions that hindered his campaign and his efforts to portray solicitor as
Liberties Lofts LLC v. Zoning Bd. of Adjustment

Publication Date: 2018-04-17
Practice Area: Land Use and Planning
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0455

Trial court properly affirmed the zoning boards grant of a use variance to applicant because objector waived its argument as to applicants standing by not raising it before the board and the record supported the boards finding that applicant proved the required hardship. Affirmed.
Commonwealth v. Finzel

Publication Date: 2018-04-17
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0350

Police officer had a reasonable suspicion to stop defendants vehicle, and defendant consented to a chemical blood test, so search warrants were not required. The court denied defendants motions to suppress.
McCreery v. Eakin

Publication Date: 2018-04-17
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0405

Where purchasers of real property failed to respond to a request for admissions, defendant was entitled to summary judgment as to liability on his breach of contract claims, but not on the issue of damages. The court denied summary judgment on the unjust enrichment, negligence and equitable estoppel counterclaims.
Johnson v. BB &T Corp.

Publication Date: 2018-04-17
Practice Area: Contractual Disputes
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Joyner
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0453

Bank was entitled to dismissal of plaintiffs action alleging that bank negligently and in breach of contract allowed plaintiffs stepson to add his name to the bank account, change the mailing address on the account, deposit checks with forged endorsements and then remove the monies because the gist of the action and the economic loss doctrines barred the negligence counts and the breach of contract count was not sufficiently pled. Motion granted.

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