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The court rejected a guarantor's attempt to open a judgment by confession, where the loan documents contained a clear and conspicuous notice regarding the confession of judgment. The court concluded that the attorney fees awarded were reasonable, where they represented approximately five percent of the unpaid balance.
Publication Date: 2018-07-31 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Wecht Attorneys:For plaintiff: for defendant: Case Number: 18-0880
The appellate court erred in finding that defendant waived his rights under rule 600 since the waiver rule set forth in Commonwealth v. Steltz is narrow in scope.. The high court reversed the appellate court's decision.
A claim on behalf of a minor skier who was injured by another minor skier was not barred by a state law regarding skier responsibility. Plaintiffs adequately stated their negligence and battery claims, so the court denied all preliminary objections.
Publication Date: 2018-07-31 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Dougherty Attorneys:For plaintiff: for defendant: Case Number: 18-0884
New trial could be granted where more detailed account of alternative suspect's confession was not cumulative or corroborative of the defense's trial theory. Order of the Superior Court reversed, case remanded.
Defendant corporate officers moved to dismiss plaintiffs' FLSA and state wage and hour claims for lack of personal jurisdiction because they were Maryland residents and worked for a Maryland corporation but court found that their travel to Pennsylvania to make decisions about and oversee the operations of their Pennsylvania facilities provided sufficient contacts with Pennsylvania to support jurisdiction; however court found it did not have personal jurisdiction over them for the Maryland plaintiff's claims under Maryland wage and hou
In this case relating to a home improvement contract, the court granted preliminary objections under the gist of the action doctrine and for failing to allege claims under consumer protection statutes with sufficient specificity. The court overruled other preliminary objections because plaintiff stated a claim for breach of implied warranty and for liability of an individual defendant.
A dependent child's foster care parents were barred from appealing the child's removal from their foster care home where the court of common pleas "initiated" the removal and, thus, the removal fell within the exception in 55 Pa. Code §3700.73(a)(2) barring an appeal. The appellate court affirmed an order dismissing petitioners' appeal.
Trial court properly found that it lacked jurisdiction and dismissed retired officers' mandamus claims relating to their health insurance because the claims required interpretation of a term contained in the CBA and the matter fell within an arbitrator's exclusive jurisdiction. Affirmed.
A landlord was liable to a tenant's guest for damages which occurred due to a dangerous condition that the landlord could have discovered by the exercise of reasonable care. The court allowed the damages award to be molded due to plaintiff's contributory negligence.
Publication Date: 2018-07-31 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Wecht Attorneys:For plaintiff: for defendant: Case Number: 18-0878
The high court did not address the difficult issue of whether criminal convictions can rest upon a theory of conspiratorial liability. The high court reversed and remanded.