• 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.

  • 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.

  • Anderson v. Stonemor Partners, L.P. et al

    Practice Area: Class Actions|Securities Litigation
    Industry: Investments and Investment Advisory
    Date Filed: 2017-11-21 00:00:00:000
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1697

    While some of defendants statements to investors about potential distributions went beyond mere positive portrayals and were arguably misleading, they were not material given that the company accounted for allegedly concealed information on the source of distributions in other publicly available information. The court granted defendants motion to dismiss.

  • Calabrese v. TGI Fridays Inc. et al

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

    Docket Number: 17-1699

    The defendant employer satisfied its burden of showing that it informed all newly-hired tipped employees that they would be paid at an hourly rate which was less than minimum wage because they received tips, what the amount of their wages would be and the amount of employers tip credit. The court granted defendants motion for summary judgment.

  • In Re Jackson Charitable Trust

    Practice Area: Trusts and Estates
    Industry:
    Date Filed: 2017-11-21 00:00:00:000
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1710

    Orphans court correctly required that trust distribute five percent of its assets in 2016, in action brought by corporate trustee asserting a deadlock between it and the individual trustees, but erred in adopting the corporate trustees list of donees. Affirmed in part, reversed in part and remanded.

  • Reeves v. The Travelers Co.

    Practice Area: Insurance Law
    Industry: Insurance
    Date Filed: 2017-11-21 00:00:00:000
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1714

    Defendant insurer was entitled to summary judgment on plaintiffs underinsured motorist claim because the regular use exception in the policy applied where plaintiff was injured in accident while heading to a work site in employers truck as he regularly did and there was no basis for plaintiffs bad faith claim. Motion granted.

  • Butler Area School Dist. v. Pennsylvanians for Union Reform

    Practice Area: Discovery|Public Records|Tax
    Industry: Education
    Date Filed: 2017-11-21 00:00:00:000
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Docket Number: 17-1698

    The trial court erred in denying requester access to the Butler Area School Districts property tax assessment list since the property list sought by requester did not qualify as sufficiently personal in nature to trigger a balancing test against the public interest in disclosure. The court reversed the trial court orders and directed disclosure.

  • Commonwealth v. Shires

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

    Docket Number: 17-1525

    Defendant was notified by his probation officer of both the general and special conditions of his probation. The court held his probation was properly revoked.