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Commonwealth v. Jones

Publication Date: 2018-07-10
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0807

Defendant not entitled to relief for alleged prosecutorial misconduct during closing arguments where defendant failed to request curative instructions or a mistrial before the trial court. Judgment of sentence affirmed.
Smith v. Montoursville Area School Dist.

Publication Date: 2018-07-10
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0780

A school district employee did not receive proper notice from the school board regarding the nature of the charges against him, depriving him of due process. The court concluded the employee was entitled to back pay and benefits relating to the period of time he was on administrative leave.
Brobst v. Brobst et al

Publication Date: 2018-07-10
Practice Area: Constitutional Law
Industry: Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perkin
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0805

Plaintiffs failed to establish the critical "state actor" element of their claims for relief under 42 U.S.C. §1983 where they alleged that defendants wrongfully employed the Pennsylvania rules for execution on a judgment for possession with the help of a county sheriff's office. The court granted in part defendants' motion for summary judgment.
Doe v. Boyertown Area Sch. Dist.

Publication Date: 2018-07-10
Practice Area: Constitutional Law | Education Law
Industry: Education | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0809

School policy permitting transgender students to use common privacy facilities consistent with their gender identities did not violate constitutional, Title IX, or state law rights of cisgender students who shared those facilities. Order of the district court affirmed.
Walters v. UPMC Presbyterian Shadyside

Publication Date: 2018-07-10
Practice Area: Class Actions | Personal Injury
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0770

Superior court erred in imposing a duty on staffing agency but correctly imposed duty on hospital, in negligence action brought by patients infected with hepatitis C by technician's theft of a controlled substance, refiling the syringes with saline and placing the contaminated syringes where they could be used to infect patients, because the CSA imposed a duty on hospital but not on agency to report the thefts to the DEA. Affirmed in part and reversed in part.
City of Pittsburgh v. Fraternal Order of Police Fort Pitt Lodge No. 1

Publication Date: 2018-07-10
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0806

An Act 111 arbitrator who resolved a grievance between the City of Pittsburgh and the union representing the City's police personnel exceeded her authority when she fashioned a remedy for officers' loss of "pass days" while acknowledging that such a remedy did not exist in the applicable collective bargaining agreement. The appellate court affirmed the trial court's order.
Hiles v. Borough of Lansford

Publication Date: 2018-07-10
Practice Area: Government | Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0778

Plaintiff was not entitled to damages or injunctive relief where he failed to show that the municipality improperly made repairs which caused storm water to flow onto plaintiff's property. The court entered a verdict in defendant's favor.
Wasnetsky v. Quinn's Market

Publication Date: 2018-07-10
Practice Area: Premises Liability
Industry: Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0781

The court granted summary judgment in favor of defendants in this slip and fall premises liability case, because plaintiff failed to show the fall occurred due to a dangerous condition on the floor.
Phelps v. Caperoon

Publication Date: 2018-07-10
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0811

Trial court properly awarded damages to buyer in his action based on seller's failure to provide a RESDL disclosure statement in a house sale. Vacated and remanded.
In re: AD1, AD2 and AB

Publication Date: 2018-07-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0774

While father demonstrated love for his three children, the record established that he failed to perform his parental duties for a period of at least six months immediately preceding the filing of a petition to terminate parental rights during father's incarceration and concurrent lack of effort to contact or care for the children. The court granted a petition to involuntarily terminate father's parental rights.

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