Filter This View

  • Lazard v. Casenta

    Publication Date: 2021-09-20
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Hill
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0943

    Discovery was not necessary to ascertain whether the corporate defendant's small amount of revenue derived from business in Philadelphia would qualify as "regularly conducting business activities," thereby subjecting the company to suit in Philadelphia County. The court recommended affirmance.

  • Arceo v. AMF Bakery Sys.

    Publication Date: 2021-09-13
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0942

    Defendants met their burden of proof under forum non conveniens by showing that trial in Philadelphia would be oppressive for defendants and their witnesses for five reasons: none of plaintiffs' causes of action arose in Philadelphia Country; no defendants were located in Philadelphia County notwithstanding that some defendants conducted business in Philadelphia County; no fact witnesses lived in or near Philadelphia County; York County would provide easier access for a jury view of involved equipment; and testimony from affidavits an

  • Stevenson v. The Joseph Ventresca Group Builders & Realtors, LLC

    Publication Date: 2021-09-06
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Roberts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0895

    Defendants were not entitled to relief on their emergency motion for a preliminary injunction as the issues raised therein were resolved by a judge of coordinate jurisdiction on preliminary objections and defendants then sat on their appellate rights. The court recommended affirmance.

  • HTR Rest., Inc. v. Erie Ins. Exch.

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0985

    Insurer appealed court of common pleas' order granting coordination of actions seeking coverage for business interruption losses due to COVID-19 under Pa.R.C.P. 213.1 and court reversed the coordination order to the extent it directed coordination of actions that were not filed on the date of appellees' motion for coordination and remanded for trial court to consider the objections to coordination. Reversed in part, vacated in part.

  • Pennymac Loan Serv., LLC v. Laroussi

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0865

    Plaintiff's default judgment in foreclosure was defective where the 10-day notice to defendant was not attached to the praecipe to enter judgment as required by Pa.R.Civ.P. 2371(a)(3). The court granted defendant's petition to open and/or strike default judgment.

  • Law Journal Press | Digital Book

    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

    View this Book

    View more book results for the query "*"

  • Harris v. Couttien

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0993

    Trial court erred in dismissing complaint for defective service where opposing party suffered no prejudice from the improper service itself. Order of the trial court vacated, case remanded.

  • Hamilton v. Detrick

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0861

    While the pro se plaintiff failed to comply with the rules of civil procedure, the court allowed the matter to proceed to arbitration, given proper notice to defendants, where defendants appeared to have knowledge of the claim and filed a statement that could adequately serve as an "answer." The court issued an order directing the matter to arbitration.

  • J.P. v. Sherman St. Soccer, LLC

    Publication Date: 2021-08-23
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0862

    While the corporate defendants challenging venue did work on certain projects in Philadelphia County, those projects were not the type of continuous and sufficient contact that would demonstrate that defendants were regularly doing business in that county. The court recommended affirmance of an order transferring venue.

  • Florimonte v. Borough of Dalton

    Publication Date: 2021-08-09
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0808

    While defendant's delay in filing a notice of removal with the clerk of judicial records and serving the removal notice on plaintiff was less than ideal, state precedent established that defendant sufficiently complied with 28 U.S.C. §1446 so as to suspend the jurisdiction of the court of common pleas. The court granted a petition to strike a default judgment.

  • Bean Sprouts LLC v. Lifecycle Constr. Serv., LLC

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0753

    The court lacked personal jurisdiction where defendant, a Virginia construction company, was not formed or qualified as a foreign entity under Pennsylvania law and the facts demonstrated that defendant had no contact with Pennsylvania other than hiring a subcontractor located in the state. The court sustained defendants' preliminary objections.