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  • Williams v. City of New Castle

    Publication Date: 2024-02-09
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 70005 OF 2020,M.D.

    Appellants, the City of New Castle and its police pension review board, appealed the court's decision awarding survivor benefits to appellees, the ex-wives of two deceased police officers. In a §1925(a) opinion, the court justified its opinion and order granting appellees' petitions for review and asked the Commonwealth Court to deny appellants' appeal.

  • Doe v. Independence Blue Cross

    Publication Date: 2024-02-09
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1530

    Court denied summary judgment dismissal of sex discrimination claim against insurer where there was sufficient evidence to find that insurer relied upon its consultants' determination that plaintiff's facial features did not fall outside the normal appearance of an average female. Defendant's motion for summary judgment denied in part and granted in part.

  • Penn Eng'g & Mfg. Corp. v. Peninsula Components, Inc.

    Publication Date: 2024-02-09
    Practice Area: Intellectual Property
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-513

    Defendant moved to bifurcate the parties' trademark action into discrete liability and damages phases and court found disgorgement was an equitable remedy, court alone had to power to determine what equitable damages, if any, plaintiff would receive and bifurcation might improve juror comprehension. Motion granted.

  • B.C. v. C.P.

    Publication Date: 2024-02-09
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 8 WAP 2023

    Appellants appealed the trial court's denial of their motion to dismiss appellee's complaint to establish paternity. The court reversed and remanded, holding that a marital couple's separation prior to the filing of a paternity action does not, per se, preclude application of the presumption of paternity.

  • New Century Realty, Inc. v. Lollis

    Publication Date: 2024-02-09
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 007359-CV-2022

    Plaintiff property owner sought ejectment of parties who occupied plaintiff's residential property at the time of plaintiff's purchase. The court awarded plaintiff possession of its property where defendants had no valid claim that they were leasing the property as subtenants and thus occupied the premises as holdover tenants.

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Ameriserv Fin., Inc. v. Babich

    Publication Date: 2024-02-09
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:23-117

    Former employer adequately alleged existence and breach of separation agreement with employee and was not required to attach a copy of the agreement to the complaint. Defendant's motion to dismiss denied.

  • Kucherezhko v. Varfolomeev

    Publication Date: 2024-02-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1262 CV 2022

    Plaintiff filed suit for partition of real property jointly owned with defendant pursuant to a business partnership. The court authorized plaintiff to purchase defendant's one-half interest in the property at a price that reflected defendant's equity minus credits in favor of plaintiff for various expenses and costs paid.

  • Markwardt v. Kijakazi

    Publication Date: 2024-02-09
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lloret
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-cv-02355-RAL

    Plaintiff sought review of the denial of her application for social security disability insurance benefits and court found ALJ did not explain whether or why he ignored relevant medical records evidencing serious injuries plaintiff sustained as a result of her bike accident and did not provide a sufficient analysis for court to make a proper determination on review. Reversed and remanded.

  • Estate of Eddy v. Saber Healthcare Group, LLC

    Publication Date: 2024-02-09
    Practice Area: Wrongful Death
    Industry: Health Care | Hospitality and Lodging
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022 CV 1553

    Defendant nursing care facility moved for dismissal or, alternatively, suppression of wrongful death plaintiff's evidence as spoliation sanctions for plaintiff's cremation of his mother's body. The court denied the motion where the cremation occurred some two months before an autopsy report revealed a potential professional liability cause of action against defendants, and where defendants had an opportunity to examine the mother's body, and other evidence was available to challenge plaintiff's claims. The court, however, authorized d

  • Educ. Comm. for Foreign Med. Graduates v. Tulp

    Publication Date: 2024-02-09
    Practice Area: Litigation
    Industry: Education
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Crumlish
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 201001976

    In a §1925(a) opinion justifying the trial court's order granting partial summary judgment to plaintiffs on their claim of wrongful use of civil proceedings, the court noted that the defendant's position that the court should have relaxed its insistence on compliance with the Rules of Civil Procedure because the defendant was pro se and excused defendant's failure to file timely responses to requests for admissions which have not been withdrawn or amended was unsupported and improper.