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  • Court v. LLB Gym, LLC

    Publication Date: 2018-03-06
    Practice Area: Damages | Personal Injury
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0221

    Employer could not use CHIRAs prohibition on using protected information in hiring decisions as a shield against liability for negligent hiring and supervision, particularly where staff testified that they would not have hired employee with knowledge of protected information. Motion for reconsideration denied.

  • Larry Pitt & Assoc. v. Lundy Law LLP

    Publication Date: 2018-03-06
    Practice Area: Business Torts
    Industry: Advertising | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0225

    Deceptive advertising claim dismissed where plaintiff failed to prove actual falsity of advertisements, and where advertisements might actually deceive a reasonable consumer, plaintiff further failed to prove damages or a basis for prospective injunctive relief where advertising was no longer deceptive. Defendants motion for summary judgment granted.

  • Kessler v. Pub. Documents Pen Register and Wire Taps

    Publication Date: 2018-03-06
    Practice Area: Civil Procedure | Public Records
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0223

    Member of general public lacked standing and failed to carry burden to intervene and unseal wiretap records in criminal case in which she was not a defendant, where she failed to demonstrate a direct and immediate interest in the wiretap records. Order of the trial court affirmed.

  • Commonwealth v. Resto

    Publication Date: 2018-03-06
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0220

    Alleyne v. U.S. did not mandate the unconstitutionality of a mandatory minimum sentence that did not require the finding of any aggravating fact. Order of the superior court reversed, judgment of sentence reinstated.

  • Murray v. Janssen Pharm., Inc.

    Publication Date: 2018-03-06
    Practice Area: Damages | Mass Torts
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0216

    Trial judge properly rejected plaintiffs sufficiency of the evidence challenge in his action against drug company for a failure to warn and properly applied Marylands cap on noneconomic damages but the case had to be remanded regarding the trial courts global motion on the issue of punitive damages. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0218

    Defendant waived any claim that he was coerced into entering a guilty plea since such a claim could have been presented on direct appeal as a challenge to the voluntariness of his plea and failed to demonstrate that trial counsels advice to accept the plea was not within the range of constitutionally competent advice. The appellate court affirmed defendants judgment of sentence.

  • In Re: Adams Co. Tax Claim Bureau/Sailors

    Publication Date: 2018-03-06
    Practice Area: Tax
    Industry: Real Estate
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0186

    The Adams County Tax Claim Bureau made proper service of a rule to show cause and notice of judicial sale by serving appellants attorney where appellant impliedly authorized counsel to accept service on its behalf. The court recommended affirmance of its order denying defendants motion for to set aside judicial sale.

  • Commonwealth v. Olson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0185

    The appellate court refused to apply Birchfield v. North Dakota retroactively to invalidate defendants judgment of sentence in this case involving enhanced penalties for his refusal to consent to a blood draw, as it found that the resulting change in Pennsylvania law was procedural. The appellate court affirmed defendants judgment of sentence.

  • Danganan v. Guardian Prot. Serv.

    Publication Date: 2018-03-06
    Practice Area: Class Actions | Consumer Protection
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0215

    A non-resident could bring a UTPCPL action against a Pennsylvania-based business for alleged conduct occurring outside the commonwealth, consistent with the UTPCPLs broad goal of fraud prevention and the concern that misconduct by Pennsylvania companies could negatively impact the commonwealth.

  • Discover Bank v. Ryan

    Publication Date: 2018-02-27
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Berks
    Judge: Judge Sprecher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0154

    Defendants appeal was frivolous where she did not file a post-trial motion, resulting in a waiver of her issues on appeal. The court sustained the verdict in favor of the credit card company.