• Hynes v. Stanford

    Practice Area: Civil Rights|Criminal Appeals
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Supreme Court, Seneca
    Judge: Justice Dennis Bender
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 51482

    Inmate Fails to Show Impropriety by Board in Denying Him Parole; Petition Dismissed

  • Leahey v. SP Center LLC

    Practice Area: Civil Procedure
    Industry: Construction
    Date Filed: 2017-11-21 00:00:00:000
    Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
    Judge: District Judge Robert Sweet
    Attorneys: For plaintiff: Attorneys for Plaintiffs by: Joseph P. Napoli, Esq., Napoli Shkolnik, PPLC, New York, NY.
    for defendant: Attorneys Third-Party Plaintiffs/Fourth-Party Plaintiffs/Sixth-Party Plaintiffs by: John C. Spataro, Esq., Law Office of James J. Toomey, New York, NY.; Attorneys for Third/Fourth-Party Defendant/Fifth-Party Plaintiff by: David L. Metzger, Esq., Lewis Johs Avallones Aviles, LLP, New York, NY.

    Docket Number: 14 Civ. 7411

    Injury Action Denied Inclusion as Asset in Prior Bankruptcy Case Survives Dismissal Bid

  • 53 Spencer Realty v. Fidelity Nat'l Tit. Ins.

    Practice Area: Civil Procedure
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Supreme Court, Kings
    Judge: Justice Debra Silber
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 520249/16

    Movant Rebuts Presumption of Proper Service, Entitled to Traverse Hearing

  • Ellis v. The State

    Practice Area: Constitutional Law|Criminal Law
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.

    Docket Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

  • Livi v. Hyatt Hotels Corp.

    Practice Area: Class Actions|Wage and Hour Litigation
    Industry: Hospitality and Lodging
    Date Filed: 2017-11-21 00:00:00:000
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1709

    Plaintiff banquet servers claims against hotel for violations of the Pennsylvania minimum wage act, wage payment and collection law, and unjust enrichment failed because hotel was exempt from overtime requirements under 34 Pa.Code §231.43(f) since the service charge charged in the banquet contracts and paid to banquet servers was a commission, hotel was not required to pay the entire service charge to the servers since the hotel did not take the tip credit in §333.103(d) and the servers were not third-party beneficiaries of the b

  • Commonwealth v. Sales

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1702

    Defendant was erroneously convicted of driving while commercial operating privileges suspended, where commonwealth failed to prove that defendant had actual notice, under the standards of the licensing state, of the suspension of privileges. Judgment of sentence reversed.

  • In re Estate of Kuntz

    Practice Area: Contractual Disputes|Trusts and Estates
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1493

    The plaintiff auctioneer could not recover damages based upon the cancellation of an auction for the sale of estate property where a court ordered that the auction be cancelled, not the seller who entered into the auction contract with petitioner. The court denied petitioners claim for damages on a breach of contract theory.

  • Commonwealth v. Kunco

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1704

    PCRA court properly ordered new DNA testing where prior DNA testing of other crime scene items excluded defendant as contributor to DNA and where other physical forensic evidence was now questionable. Order of the PCRA court affirmed.

  • Benson et al. v. Ward

    Practice Area: Legal Malpractice
    Industry: Legal Services
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Docket Number: A17A0661

    The trial court erred in denying attorney's motion for summary judgment in former client's legal malpractice action because former client could not show that attorney's actions were the proximate cause of damages to the client.

  • Commonwealth v. Reid

    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1501

    Defendant was not entitled to relief under the Post Conviction Relief Act based on allegations of ineffective assistance of counsel where the record established that he knowingly, voluntarily and intelligently entered his guilty plea to third degree murder and other offenses. The court granted counsels petition to withdraw and notified defendant of its intent to dismiss his PCRA petition.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Practice Area: Civil Procedure|Contracts
    Industry: Construction
    Date Filed: 2017-11-21 00:00:00:000
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Docket Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.