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  • Greene v. Superintendent Smithfield SCI

    Publication Date: 2018-02-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Vanaskie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0204

    Procedurally defaulted ineffective assistance of appellate counsel could not be raised in federal habeas proceeding, since such claim had to be heard in collateral proceeding where lack of constitutionally guarantee of counsel meant there was no basis to excuse procedural default. Order of the district court affirmed.

  • Johnson v. Keystone Quality Transport Co.

    Publication Date: 2018-02-27
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0203

    Evidence of prior convictions admitted where offenses related directly to the offenders abilities to be truthful, such that their probative value outweighed the prejudicial effect arising from the convictions remoteness. Parties motions to introduce evidence of prior convictions granted.

  • Blucas v. Agiovlasitis

    Publication Date: 2018-02-27
    Practice Area: Dispute Resolution | Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0200

    In the absence of a timely appeal from an arbitrators award, the trial court lacked jurisdiction to consider plaintiffs subsequent motion for costs and prejudgment interest upon the award granted them at arbitration. The appellate court reversed a trial court order and reinstated an arbitration award.

  • In Re: Appeal of Springfield Hosp.

    Publication Date: 2018-02-27
    Practice Area: Tax
    Industry: Health Care | Real Estate
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0184

    For-profit purchaser of tax exempt property obligated to pay property taxes from date of purchase pursuant to PILOT agreement with taxing authority. Order of the trial court affirmed.

  • Arrowhead lake Community Assn v. Legnani

    Publication Date: 2018-02-27
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0123

    While defendants acted pro se in filing a petition to open a default judgment, they were still required to follow the proper procedures for such a petition, set for in Pa.R.Civ.P. 237.3, and their failure to do so barred the court from granting relief. The court denied defendants petition to open a default judgment.

  • J.C. v. K.C.

    Publication Date: 2018-02-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0206

    Trial court erred in relinquishing jurisdiction over custody litigation to another state, where trial court failed to provide parties with notice and record of conversations between trial courts and denied parties opportunity to submit facts and legal argument on the issue of jurisdiction. Orders of the trial court reversed, case remanded.

  • T.I.B.C. Partners, LP v. The City of Chester

    Publication Date: 2018-02-27
    Practice Area: Business Torts | Government
    Industry: Entertainment and Leisure | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0212

    The court dismissed plaintiffs RICO claims as insufficiently pled and declined to exercise supplemental jurisdiction over plaintiffs state law claims in plaintiffs action asserting that soccer club and stadium management conspired with police chief and bribed police chief to close plaintiffs parking lots on game days because plaintiffs did not state a claim for extortion under color of state law and failed to plead mail or wire fraud with sufficient particularity as to the circumstances. Motion granted.

  • Driscoll v. Arena

    Publication Date: 2018-02-27
    Practice Area: Civil Procedure | Contractual Disputes
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0199

    The trial court properly found that the parties promissory notes, which contained a single reference to their intent to create a sealed instrument buried in a waiver paragraph, were insufficient to presumptively create a sealed instrument and, thus, the 20-year statute of limitations for instruments in writing under seal in 42 Pa.C.S. §5529(b)(1) did not apply. The appellate court affirmed trial court orders striking judgments of confession.

  • League of Women Voters of Pennsylvania v. Commonwealth

    Publication Date: 2018-02-27
    Practice Area: Discovery | Election and Political Law | Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0208

    The court granted the governors motion to quash petitioners subpoena in their action challenging a congressional redistricting plan because the chief executive privilege implicated higher or greater separation of powers issues than those encompassed in the lesser executive and deliberative process privileges. Motion granted.

  • League of Women Voters of Pennsylvania v. Commonwealth

    Publication Date: 2018-02-27
    Practice Area: Discovery | Election and Political Law | Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0209

    The court found that the absolute privilege in the speech and debate clause, Art. 2, §15 of the Pennsylvania constitution, applied to subpoenas seeking information from legislative respondents and their staff about the 2011 reapportionment of Pennsylvanias congressional seats. Motion granted.