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Publication Date: 2024-01-29
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 962 WDA 2022
Denial of law firm's petition for fees and costs did not itself deprive couple subsequently adjudicated incapacitated of their choice of counsel, but the trial court exercised its discretion to deny fees and costs where it found the firm's services to be unreasonable or unnecessary. Orders of the trial court affirmed.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 519 C.D. 2022
Trial court erred in administratively dismissing an action for failure to prosecute because one of the defendants in the case had filed a voluntary bankruptcy proceeding and the bankruptcy stay had to be construed to apply to dismissals. Vacated.
Publication Date: 2024-01-29
Practice Area: Contracts
Industry: Education | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3139
Indemnification clause that expressly exempted indemnification for third-party beneficiary's sole negligence was sufficiently specific to permit beneficiary to seek indemnification for underlying injury claim caused by its partial negligence. Plaintiff's motion for summary judgment granted in part, defendant's motion for summary judgment granted in part.
Publication Date: 2024-01-29
Practice Area: Employment Litigation
Industry: Retail
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 3059 EDA 2022
Trial properly applied an adverse inference to one appellant's failure to testify at trial in employment contract action because appellants' counsel did not inform court of appellant's medical condition until after trial started and never asked for an accommodation until after the verdict and appellees' expert witness was qualified to testify as to the value of the company. Affirmed.
Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 479 C.D. 2022
Although a dissolving volunteer fire company's proposed beneficiaries were inappropriate recipients of the company's assets, as their purposes were insufficiently similar, the trial court erred in adopting the Office of Attorney General's proposed beneficiaries where the company's members remained willing and able to identify alternative beneficiaries. Order of the trial court affirmed in part and reversed and remanded in part.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2024-01-29
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2281
Defendants moved to dismiss plaintiff's complaint alleging racial discrimination, hostile work environment and related claims arising from defendants' race-training programs and requirements in a university academic setting. The court granted in part and denied in part defendants' motion.
Publication Date: 2024-01-29
Practice Area: Contractual Disputes
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1761
Defendant moved to compel arbitration in plaintiff's action for breach of contract as a third party beneficiary to the medical assistance transportation program agreement, promissory estoppel, unjust enrichment and racial discrimination in violation of §1981 and title VI and court found transportation agreement's arbitration clause was apparent on the face of the complaint and the arbitration clause was enforceable. Motion granted.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 49 C.D. 2022
Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.
Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 144 C.D. 2023
Board properly denied petitioner's application for a license to practice dentistry because she did not have the required D.M.D. or D.D.S. degree and she was not entitled to a license by endorsement because Florida's requirements, where she was licensed, were not "equal in their essential respects." Affirmed.
Publication Date: 2024-01-29
Practice Area: Insurance Litigation
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-030
Defendant insurer sought reconsideration of the court's denial of its summary judgment motion in plaintiff insured's breach of contract case. The court denied relief on reconsideration but issued an opinion expanding on its analysis of the controlling Selko test.
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