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Rand v. Young

Publication Date: 2018-03-27
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Herzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0305

Where a seller failed to disclose a known structural defect, the court did not err in finding the seller violated state unlawful trade practices law.
Lerch v. Unemployment Compensation Review Bd.

Publication Date: 2018-03-27
Practice Area: Administrative Law | Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0312

Unemployment compensation board erred in calculating claimants net income from her sideline business because 34 Pa. Code §65.121 was unreasonable and ignored prior court rulings concerning the definition of net earnings. Reversed.
Aetna Inc. v. The Peoples Choice Hospital, LLC et al

Publication Date: 2018-03-27
Practice Area: Business Torts | Contracts | Dispute Resolution
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0317

Defendants could not rely on a clause in a contract they did not sign to compel arbitration where it was not clear from the record whether they were acting as agents of a signatory to that contract in an alleged health care billing fraud scheme. The court denied defendants motion to compel arbitration.
Stirone v. McHutchinson Inc.

Publication Date: 2018-03-27
Practice Area: Civil Procedure | Contracts | Employment Litigation
Industry: Distribution and Wholesale
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Conti
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0330

Court refused to transfer former sales representatives action seeking commission bonus payments to New Jersey because the Pennsylvania sales representative had a Pennsylvania territory and the sales orders originated in Pennsylvania and court declined to dismiss the breach of contract and wage statute claims because the document defendant relied on was not in evidence but court did dismiss the fraud claim because the alleged duty arose under contract law. Motions denied in part and granted in part.
Stemmerich v. Massung et al

Publication Date: 2018-03-27
Practice Area: Damages | Motor Vehicle Torts
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0310

Plaintiff was not entitled to a new trial based on the jurys nominal pain and suffering award where the jury had a basis for finding that many of her pain and suffering complaints were not credible or were caused by pre-existing conditions. The court recommended affirmance of its order denying plaintiffs motion for post-trial relief.
Village Land Co., LLC v. Stonebrook Condo Assoc.

Publication Date: 2018-03-27
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0311

The plaintiff developer had the unanimous consent of condominium unit owners required by the Pennsylvania Uniform Condominium Act when it allocated a common expense percentage for a specific development building in an amendment to a recorded declaration of condominium. The court recommended affirmance of its order denying defendants counterclaim for delinquent common expenses.
Fiumano v. Metro Diner Mgmt LLC

Publication Date: 2018-03-27
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0325

Judgment on the pleadings for FLSA claim denied where plaintiff alleged that tipped employees were required to perform second non-tipped occupations and employer distributed tip pool funds to non-tipped positions. Defendants motion for judgment on the pleadings denied.
Commonwealth v. Kitchen

Publication Date: 2018-03-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0322

False ID conviction erroneous where defendant not told by police officers that she was the subject of an official investigation of a violation of the law. Judgment of sentence reversed in part and affirmed in all other parts.
Busch v. Domb et al

Publication Date: 2018-03-27
Practice Area: Business Torts | Contracts | Evidence
Industry: Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0319

Defendant, a real estate brokerage firm representing both the buyer and seller in dual agency purchase and sale agreement, failed to demonstrate that it was a privy to an integration clause in the real estate sale agreement and, thus, could not rely on the parol evidence rule to bar consideration of certain evidence. The court denied defendants motion for reconsideration of an order denying in part a motion to dismiss.
Scranton Prod., Inc. v. Bobrick Washroom Equip., Inc.

Publication Date: 2018-03-27
Practice Area: Civil Procedure
Industry: Construction | Manufacturing
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0329

Insurer was not entitled to intervene in plaintiffs and defendants proposed settlement of plaintiffs Lanham act action and defendants counterclaim because insurer had no protectable interest in the underlying action where insurers request for an equitable lien on the settlement proceeds for the attorney fees it had already paid was not warranted since it had a perfectly adequate remedy at law. Motion denied.

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