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  • Davis v. Ctr. Mgmt. Grp., LLC

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0855

    Trial court abused discretion in failing to make findings of fact and conclusions of law on the validity of the parties' agreement to arbitrate following preliminary objections in the form of a petition to compel arbitration. Order of the trial court vacated, case remanded.

  • Yelland v. Abington Heights Sch. Dist.

    Publication Date: 2018-07-24
    Practice Area: Education Law | Labor Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0848

    Defendants moved for summary judgment in plaintiff teacher's fourteenth amendment pre-deprivation due process and malicious prosecution claims over his termination after he allegedly physically abused a student but the facts were in dispute as to whether he was advised of the specific allegations and the evidence in his meeting with defendants, the law was clear that he was entitled to a Loudermill hearing and the report defendants gave to prosecutor misrepresented facts. Motions denied.

  • Commonwealth v. Vannucci

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0853

    Appeal quashed as untimely where filed 31 days after judgment of sentence imposed. Appeal quashed.

  • Mader v. Duquesne Light Co.

    Publication Date: 2018-07-24
    Practice Area: Personal Injury
    Industry: Construction | Energy
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Herzberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0841

    The court awarded plaintiff's motion for a new trial as to damages for past medical expenses, lost profits, and pain and suffering, where the jury did not address any of those areas in its verdict.

  • Washington County Family Entertainment, LLC v. Roberts

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lenihan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0865

    Singer and singer's touring company failed to demonstrate lack of personal jurisdiction or failure to state a claim in plaintiff's action over the last minute cancellation of a concert and the failure to return deposit money because the complaint plainly alleged that touring company committed intentional torts and knew its conduct would harm plaintiff in Pennsylvania and plaintiff sufficiently pled the existence of an agency relationship to support plausible breach of contract and tort claims against singer as principal. Motions denie

  • Commonwealth v. McCleary

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0850

    In considering whether the defendant provided valid consent to the search of an upstairs room of his home, the trial court erred in focusing exclusively on the officers' alleged violations of police directives where defendant had summoned police and verbally consented to the inspection of a second-floor room. The appellate court reversed and remanded.

  • Malibu Media, LLC v. Doe

    Publication Date: 2018-07-24
    Practice Area: Constitutional Law | Copyrights | Intellectual Property
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0859

    Defendant's motion to quash plaintiff's third party subpoena to defendant's ISP seeking his true name and address in a copyright infringement action was denied because he lacked standing to object to the subpoena on undue burden grounds and first amendment protection did not extend to acts of copyright infringement. Motion denied.

  • Huff v. Moser et al

    Publication Date: 2018-07-24
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Construction
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0818

    Plaintiff's complaint failed to allege a viable claim for vicarious liability on the part of the defendant employer, who's employee allegedly struck and killed a victim while driving the company's car under the influence of alcohol, as none of the negligence allegations involved conduct committed during the course and scope of the driver's employment. The court granted employer's motion for summary judgment.

  • Weiss v. Nazareth Mut. Ins. Co.

    Publication Date: 2018-07-24
    Practice Area: Contractual Disputes
    Industry: Construction | Insurance | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0844

    Plaintiff's action against a property remediation company for conversion did not adequately allege the personal property at issue, so the court sustained a preliminary objection, but allowed plaintiff to amend. The gist of the action doctrine barred plaintiff's negligence claim.

  • In re: Adoption of M.D.Q.

    Publication Date: 2018-07-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0858

    Involuntary termination of parental rights vacated where counsel appointed to advocate for children's legal interest failed to place the children's preferred outcomes on the record or make any argument or statement on their behalf, in violation of the children's statutory right to client-directed counsel in involuntary termination proceedings. Order of the trial court vacated, case remanded.