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Publication Date: 2024-02-02
Practice Area: Family Law
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2808 EDA 2022
Trial court erred in refusing to impose a constructive trust on funds from a home sale, based on fact neither party held title to the home, because trial court had the authority to impose a constructive trust using the proceeds of the home sale and it was not relevant that defendant did not hold title to the property. Vacated.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 457 C.D. 2021
Department properly assessed UC contributions and properly concluded that 27 of employer's cleaners were not independent contractors, the Construction Workplace Misclassification Act applied to employer and 10 construction workers were also not independent contractors. Affirmed.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Construction | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2051-KSM
Defendant window company moved to compel arbitration in plaintiffs' action over leaking window installed by window company's subcontractor and court found the subcontractor agreement between company and subcontractor construction company was valid and enforceable and required construction company to abide by the arbitration clause in service contract between plaintiffs and window company. Motion granted.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1201 C.D. 2022
Patrolling officer who fell asleep while driving was still acting in course of duties where the officer did not intentionally disregard work rules prohibiting sleeping on the job but inadvertently fell asleep after being mandated to work an overtime shift only a few hours after completing his regular shift. Arbitration award affirmed.
Publication Date: 2024-02-02
Practice Area: Employment Litigation
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Anders
Attorneys: For plaintiff:
for defendant:
Case Number: 2305 EDA 2023
Plaintiff employee appealed the court's order sustaining defendant employer's preliminary objections to plaintiff's amended complaint. The court concluded that its order should be affirmed where plaintiff's retaliatory termination complaint was barred by the doctrine of res judicata.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2024-02-02
Practice Area: Administrative Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Mccullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1429 C.D. 2022
Trial court erred in concluding PennDOT did not establish a prima facie case of plaintiff's out-of-state conviction of an alcohol-related driving offense requiring disqualification of his CDL but correctly found plaintiff's evidence established that he was not convicted on February 18, 2021 of an alcohol-related offense in Wisconsin that would require the disqualification of his CDL. Affirmed in part and reversed in part.
Publication Date: 2024-02-02
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1832
District court erred in dismissing appellants' second amendment challenge to statutes banning 18-to-20-year-olds from carrying firearms outside their homes during a state of emergency because 18-to-20-year-olds were presumptively among "the people" to whom second amendment rights extended and court found no near equivalence or significant analogue between the burdens imposed by the historical statute cited by Commonwealth and those at issue here. Reversed.
Publication Date: 2024-02-02
Practice Area: Damages
Industry: Energy | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 2:19-cv-00627-RJC J.
Court declined to grant a motion for punitive damages in the form of a summary judgment motion where there were genuine issues of material fact as to defendants' culpability for a fatal motor vehicle accident. Plaintiff's motion granted in part and denied in part.
Publication Date: 2024-02-02
Practice Area: Personal Injury
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cunningham
Attorneys: For plaintiff:
for defendant:
Case Number: 210300058
Premises liability defendants appealed the court's order granting reconsideration and vacating its earlier order granting defendants' motion for summary judgment. The court concluded that its decision should be affirmed where plaintiff's motion for reconsideration demonstrated the existence of a genuine dispute of material fact as to whether plaintiff saw a defect in a curb before she tripped and fell.
Publication Date: 2024-02-02
Practice Area: Real Estate
Industry: Construction | Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 09040
Commercial liability insurer appealed the court's order denying its petition to intervene for the limited purpose of submitting special jury interrogatories. The court concluded that the appeal should be denied where insurer's interrogatories belatedly sought to have the jury address coverage-related issues that fell outside the scope of the parties' lawsuit.
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