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Guldin v. Penn Central Corp.

Publication Date: 2018-06-19
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0669

Plaintiff was not entitled to post-judgment relief where a jury instruction properly tracked the language of a statute, and the jury relied on the testimony of defendant's expert witness regarding the cause of decedent's death.
Varner v. Swatara Twp. Bd. of Comm'rs

Publication Date: 2018-06-19
Practice Area: Election and Political Law | Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0704

Pursuant to §401 of the First Class Township Code, the Swatara Township Board of Commissioners was required to obtain judicial approval before changing from an at-large system to a by-ward system of governance. The high court affirmed the appellate court's decision.
Riverside Estates Community Ass'n v. Rivera

Publication Date: 2018-06-19
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0680

When filing its praecipe for a default judgment, defendant failed to attach a copy of the ten day notice of intent to file for a default judgment that it purportedly provided to defendant, which constituted a fatal flaw on the face of the record. The court granted defendant's motion to set aside the judgment.
Wong v. Li

Publication Date: 2018-06-19
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carpenter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0731

Plaintiff failed to establish that the attorney for her former husband in a divorce proceeding engaged in conduct which constituted an abuse of process. The trial court properly entered a directed verdict against plaintiff.
Commonwealth v. Tejada

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0710

Criminal defendant could not forfeit right to representation through poor behavior, and as such trial court erred in failing or refusing to appoint standby counsel after ruling that defendant forfeited his rights to be present at trial and to self-representation. Judgment of sentence vacated, case remanded for retrial.
Bayview Laon Servicing, LLC v. Lindsay

Publication Date: 2018-06-19
Practice Area: Consumer Protection | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0699

Defendant debtor was not entitled to attorney fees under §503(a) of the Loan Interest and Protection Law, or Act 6, since pleading a violation of §403(a)'s notice requirements as an affirmative defense in a residential foreclosure action neither constitutes an "action" arising under Act 6 nor transforms a foreclosure suit into such an "action." The high court affirmed an order denying defendant attorney fees.
Commonwealth v. Kretchmar

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0707

PCRA petition was untimely where petitioner could not invoke retroactive constitutional rule exception as cited case merely constituted statutory construction rather than citation of constitutional rule or rule of criminal procedure. Order of the PCRA court affirmed.
Javitz v. Luzerne Cnty.

Publication Date: 2018-06-19
Practice Area: Labor Law | Whistleblower Laws
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0715

Due process claim in wrongful termination action failed where employee's signed employment offer unambiguously classified her as an at-will employee and as such she had no property interest in continued employment. Plaintiff's motion for reconsideration denied.
Gorsline v. Bd. of Supervisors of Fairfield Twp.

Publication Date: 2018-06-19
Practice Area: Administrative Law | Evidence | Land Use and Planning
Industry: Energy
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0713

Zoning board erred in approving conditional use where applicant failed to present evidence and board failed to make factual findings that proposed used was similar to expressly permitted use within zoning district. Order of the commonwealth court reversed.
Commonwealth v. Walker

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0711

Moving forward, Rule 341 would require quashal of a single notice of appeal taken from a single order resolving issues on more than one docket. Order of the superior court reversed, case remanded.

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