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  • Killinger v. State Employees Ret. Bd.

    Publication Date: 2018-01-16
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0019

    Retirees execution and submission of retirement annuity option change and beneficiary designation was sufficient to effect such change in annuity and beneficiary, even though retirement system administrator did not receive retirees documents until after his death. Order of the State Employees Retirement Board reversed.

  • Hilliard v. Panezich

    Publication Date: 2018-01-16
    Practice Area: Damages | Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0012

    Defendant in motor vehicle accident case was not entitled to summary judgment on the issue of punitive damages where the evidence indicated he was driving under the influence of intoxicants, had a pattern of driving while intoxicated in the past, and was distracted by his cell phone.

  • In Re: Appeal of Bell

    Publication Date: 2018-01-16
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0022

    City had just cause to pass over applicant for firefighter position for failure to comply with residency requirement, where applicant failed to produce evidence that he resided within city limits at least one year prior to his application. Order of the City of Pittsburgh Civil Service Commission affirmed.

  • Keeler v. Wells Fargo Bank, N.A.

    Publication Date: 2018-01-16
    Practice Area: Banking and Finance Laws | Civil Procedure | Commercial Law
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0003

    In the absence of a Uniform Commercial Code definition of when a claim arising from a fraudulently cashed check accrues or any Delaware case law on point, the court adopted one of three approaches and concluded that the statute of limitations begins to accrue when negotiable instruments are negotiated, i.e., when the victims account is debited. The court granted defendants motion for summary judgment.

  • 340B Management, LLC v. RX Blue Star Solutions, LLC et al

    Publication Date: 2018-01-16
    Practice Area: Contracts | Health Care Law
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0014

    The trial court properly found that plaintiffs remuneration agreement with a mail order pharmacy to solicit health care centers eligible for a federal prescription drug program based on 50 percent of net profits violated the federal Anti-Kickback Statute (AKS), at 42 U.S.C. §1320a-7b(b)(1)(B). The court affirmed an order entering judgment for defendants.

  • Menkowitz v. Peerless Publn, Inc.

    Publication Date: 2018-01-16
    Practice Area: Damages | Personal Injury
    Industry: Health Care | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0018

    Newspaper entitled to JNOV in defamation claim where allegedly libelous statement was factually true, and where there was no evidence to support a claim for defamation by innuendo. Judgment reversed.

  • In Re: S.M.

    Publication Date: 2018-01-16
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0024

    Order for continued involuntary commitment reversed where the certified record contained insufficient evidence to support the initial involuntary commitment, and where evidence of behavior during commitment was insufficient to support a finding that the committed individual would pose a danger to herself or others without continued commitment. Order of the trial court reversed.

  • DeCesare v. Decesare

    Publication Date: 2018-01-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0009

    Married parties entered into an enforceable contract to repay funds they borrowed from their minor childs account, but the parties past practices indicated that they always used marital funds, not separate assets, to repay such debts. The court released funds held in escrow from the sale of husbands pre-marital residence, because the agreement to repay funds to the trust account was a marital obligation.

  • United Envtl. Group, Inc. v. GKK McKnight, LP

    Publication Date: 2018-01-16
    Practice Area: Environmental Law
    Industry: Construction | Energy
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0030

    Trial court erred in holding that appellants CASPA claims were foreclosed as a matter of law because those claims were never tried before any factfinder but trial court properly declined to enter JNOV on appellees assertion a sales agreement made seller of property responsible for the environmental cleanup because the evidence allowed the jury to conclude that the parties agreed to alter their contract. Reversed in part, affirmed in part.

  • Carson Concrete Corp. v. Tax Review Bd. City of Philadelphia

    Publication Date: 2018-01-16
    Practice Area: Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0015

    The City of Philadelphia Tax Review Board did in err in finding that the Citys audit assessment properly imposed wage tax liabilities upon appellant where the company failed to establish that it used subcontractors during the audit period. The court affirmed in part a trial court order.