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Publication Date: 2024-03-29
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1095
Police officer was not entitled to qualified immunity where he misrepresented the strength of the sole eyewitness identification and omitted other exculpatory facts, thereby undermining the magistrate's finding of probable cause and violating the arrested individual's clearly established rights. Order of the district court affirmed.
Publication Date: 2024-03-29
Practice Area: Intellectual Property
Industry: Manufacturing | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2412
Petitioners sought mandamus to prevent the disclosure of documents the district court ordered released under the fraud exception to the attorney client privilege and court found petitioners failed to show a clear and indisputable abuse of discretion or error of law, a lack of an alternate avenue for adequate relief or a likelihood of irreparable injury. Motion denied.
Publication Date: 2024-03-29
Practice Area: Class Actions
Industry: Construction
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2021 CV 5174
Plaintiff filed an unopposed motion for final approval of a class action settlement and related matters. The court granted the motion where the settlement amount was reasonable in light of plaintiff's novel theory of recovery, which presented an issue of first impression on calculation of overtime compensation under the Minimum Wage Act, and all other class action criteria were satisfied.
Publication Date: 2024-03-29
Practice Area: Civil Rights
Industry: Retail | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-CV-3000
Court declined to dismiss illegal search and seizure claim where district attorney's office memo could not authorize a search of a commercial establishment and the memo's threat to shut down the store meant that the employees'/managers' consent to the search and seizure was not voluntary. Defendants' motion for judgment on the pleadings denied in part and granted in part.
Publication Date: 2024-03-29
Practice Area: Commercial Law
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2432 EDA 2022
Bank took an interlocutory appeal from the order denying bank's motion to dismiss the New York branch of a class action for lack of standing and court found trial court had subject matter jurisdiction over the New York branch of the action and that New York plaintiffs had standing to pursue relief against bank in this action over vehicle repossession. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-03-29
Practice Area: Real Estate
Industry: Food and Beverage | Hospitality and Lodging | Real Estate
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 285 EDA 2022
Sellers challenged equity court's order of specific performance of a real estate contract for the stated price minus insurance proceeds after the building was destroyed by fire before closing and court found the record was devoid of any competent evidence regarding the post-fire value of the property and the only equitable result was a new trial on the amount of the purchase price buyer owed sellers. Vacated and remanded.
Publication Date: 2024-03-29
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2230 CR 2022
Personal injury defendant filed preliminary objections to plaintiff's complaint, seeking dismissal for plaintiff's failure to effectuate proper service. The court granted defendant's preliminary objections and dismissed the case where plaintiff failed to demonstrate a good faith effort to serve original process on defendant.
Publication Date: 2024-03-29
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 348 of 2022 CR
Defendant moved to withdraw her guilty plea. Court denied the motion.
Publication Date: 2024-03-29
Practice Area: Evidence
Industry: E-Commerce
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 2886 EDA 2022
Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.
Publication Date: 2024-03-29
Practice Area: Civil Rights
Industry: Consumer Products | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3889
Defendants moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act national origin discrimination, disparate treatment, harassment, unequal pay and retaliation and intentional infliction of emotional distress action and court found his disparate pay claims under his second EEOC complaint were not time-barred, he sufficiently alleged retaliation in his second complaint but his claims for intentional infliction of emotional distress and conspiracy failed. Motion granted in part and denied in part.
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