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  • Gordner v. McIntosh

    Publication Date: 2018-07-31
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0843

    Plaintiff's allegations that the defendant homeowners were negligent in the way they treated and/or maintained a set of wooden stairs such that the stairs were very slippery and that defendants had, in the past, warned other invitees about the slippery stairs were sufficient to state a viable negligence claim. The court overruled defendants' preliminary objection in part.

  • Vetri Navy Yard, LLC v. Dep't of Community and Economic Dev.

    Publication Date: 2018-07-31
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0894

    Secretary's order correctly held that petitioner's Keystone Opportunity Zone benefits for 2013, 2014 and 2015 were subject to recapture under §902(a) and that no waiver could be granted under §902(b) but erred in denying petitioner's request for KOZ benefits for the month of January 2016. Affirmed in part and reversed in part.

  • Wayne Land and Mineral Group. LLC v. Delaware River Basin Comm'n

    Publication Date: 2018-07-24
    Practice Area: Energy and Natural Resources | Environmental Law
    Industry: Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0866

    District court erred in deciding that the Delaware river basin commission's project review authority under the Delaware river basin compact unambiguously included appellant's proposed fracking activities because the parties identified conflicting, reasonable interpretations of the term "project" and the term, as used in the compact, was ambiguous. Vacated and remanded.

  • Dean v. Bowling Green-Brandywine CRC Health Grp., Inc.

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0860

    Physicians not entitled to limited immunity under the Mental Health Procedures Act where they did not treat decedent for mental illness and their treatment occurred prior to psychiatric evaluation and was therefore not contemporaneous medical treatment. Judgment of nonsuit affirmed in part and reversed in part.

  • Commonwealth v. Lynn

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0854

    Trial court properly limited the number of incidents of prior bad acts into evidence where the limited number admitted into evidence was sufficient to support the commonwealth's allegation of defendant's criminal scheme, while the prior bad acts concerned the direct criminal activity of others and therefore had a significant prejudicial effect on defendant. Order of the trial court affirmed.

  • Rudolph v. Safari Club Int'l

    Publication Date: 2018-07-24
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Eddy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0683

    Defendant non-profit organization moved for summary judgment in plaintiff member's action for defamation and defamation by innuendo and court denied the motion as to the defamation count because plaintiff was not a limited public figure, the statements were not made solely in connection with his termination as an employee and there was no privilege, but the letter informing plaintiff that he was being removed from hunting awards and the record book did not support a claim for defamation by innuendo. Granted in part and denied in part.

  • Commonwealth v. Olds

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0856

    The trial court did not err in sentencing defendant, who was convicted as a juvenile of second-degree murder prior to June 2012, to the maximum term of life imprisonment under 18 Pa.C.S. §1102(b) as this mandatory maximum did not violate the constitutional ban on cruel and unusual punishment. The appellate court affirmed defendant's judgment of sentence.

  • Clientron Corp. v. Devon IT et al

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Corporate Entities
    Industry: Hardware | Manufacturing | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0849

    The district court erred when it distinguished between two tenants by the entirety and pierced the corporate veil of an entity they owned with regard to only one of the two tenants as a sanction for his egregious misconduct during the discovery process. The appellate court reversed and remanded.

  • Webb-Benjamin, LLC v. Int'l Rug Group, LLC

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Contracts
    Industry: Advertising
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0867

    Trial court erred in holding that it did not have personal jurisdiction over defendant Connecticut company in plaintiff's breach of contract action because defendant registered to do business in Pennsylvania as a foreign association, nothing in 42 Pa.C.S.A. §5301 limited jurisdiction to claims that occurred after registration and by registering, defendant consented to general personal jurisdiction. Reversed.

  • Lichtenstein v. Lower Merion Sch. Dist.

    Publication Date: 2018-07-24
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0861

    Due process complaint based on injury caused by transport of special needs student dismissed on summary judgment where student had no "special relationship" with school and lack of reasonable foreseeability of harm or conscience-shocking conduct meant no state-created danger. Defendants' motion for summary judgment granted.