By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Plaintiff's motion for contempt based on the allegation that defendants continued to use the original name of their pharmacy after it had been found to violate the Lanham act failed because the only evidence presented was an undated advertising postcard. Motion denied.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
By Max Mitchell | June 21, 2017
The U.S. Supreme Court's recent game-changing decision in is widely seen as the beginning of the end for mass torts in several venues that have historically attracted large-scale litigation, including California and Missouri. But, for Pennsylvania, the ruling is expected to be much more of a mixed bag, and, according to some, could instead lead to an uptick in suit against certain defendants.
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
Supervisor's promise that employee's position would be available following employee's maternity leave was sufficient to create property interest supporting a claim for violation of procedural due process rights. Motion to dismiss granted in part and denied in part.
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
OOR properly denied petitioner's RTKL request to the DOC for the "written judgment of sentence order" containing the judge's signature because the DOC did not have the document and petitioner's appeal of the OOR final determination explicitly stated that it was not challenging the OOR's denial but instead sought relief outside the RTKL by trying to challenge the legality of his detention. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
The Court of Common Pleas of Philadelphia County was not the proper forum for plaintiff's fraud and conversion claims arising out of the administration and distribution of a decedent's estate since the Orphans' Court of the Court of Common Pleas of Delaware County retained mandatory and exclusive jurisdiction over such claims. The court ordered transfer of the matter to the Orphans' Court.
By Max Mitchell | June 12, 2017
The Commonwealth Court has approved the Pennsylvania Department of Environmental Protection's decision to allow a unique drilling process that a challenger argued is an "abnormally dangerous activity" occurring too close to an active oil refinery.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
The court declined to exercise jurisdiction over plaintiff's declaratory judgment action involving a duty to defend and indemnify where a Pennsylvania court was better equipped to do so while minimizing the potential for disruption to the pending state court proceedings. The court denied plaintiff's motion for reconsideration.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Neither the attorney-client privilege nor the work-product privilege applied to many of the emails which plaintiff sought to exclude from evidence at trial where such emails were not drafted by an attorney or party representative and the emails did not relate to a fact of which an attorney was informed by his client for purposes of securing a legal opinion or services. The court recommended affirmance of decision on appeal.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Court of common pleas properly determined that it lacked jurisdiction over appeal because appellant failed to perfect in a timely manner by timely filing a counseled complaint and sole member's pro se complaint and appeal were ineffectual because LLC entities had to be represented by a qualified attorney in the courts of common pleas. Affirmed.
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