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Publication Date: 2022-07-25
Practice Area: Corporate Entities
Industry: Consumer Products | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0760
The defendant company was liable for a judgment confessed against its predecessor under the "mere continuation" exception to the general rule on successor liability where the evidence made it clear that the defendant company was a mere continuation of the original business. The court granted plaintiff's motion for summary judgment.
Publication Date: 2022-05-02
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0384
The court found that the notes made by a hospital employee were not protected by the confidentiality provisions of the Medical Care Availability and Reduction of Error Act because they were not made for the sole purpose of complying with the patient safety reporting requirements of the MCARE Act. Motion granted.
Publication Date: 2022-04-04
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0322
The evidence at bar established a binding contract between the parties where their email exchanges demonstrated an offer by plaintiff and acceptance by defendant such that judgment would be entered in favor of plaintiff and against defendant on a $100,000 loan with interest based on a renegotiated promissory note. The court found in favor of plaintiff.
Publication Date: 2022-03-28
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0232
By pursuing a breach of partnership contract claim at trial, plaintiff waived his post-trial claim to recover damages under the parties' novation, especially after arguing against the existence of the novation during trial.
Publication Date: 2022-02-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0094
The court entered a declaratory judgment that confirmed the existence of the 40-foot easement, declared plaintiff's development plan would not unreasonably burden defendant's use of a 35-foot easement, and decided that failure to join an indispensable party did not warrant a new trial or additional discovery.
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Publication Date: 2021-12-20
Practice Area: Government
Industry: Real Estate | State and Local Government | Transportation
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1379
Pursuant to the "cost to cure" approach in the valuation of contaminated property, which remained binding law in Pennsylvania, the court calculated the fair market value of property taken by eminent domain by subtracting the cost to cure the contamination from the value the property would have if it were not contaminated. The court of common pleas recommended affirmance.
Publication Date: 2021-11-08
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1132
The court held that defendant did not breach its contract with plaintiff subcontractor where it hired a second subcontractor to assist plaintiff in completing the work; neither party was entitled to attorneys' fees and plaintiff was entitled to prejudgment interest.
Publication Date: 2021-11-01
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1126
The court held that rules for personal service were not strictly followed in the foreclosure action where defendant was never served at his residence, causing the court to be without personal jurisdiction to enter a foreclosure judgment by default against defendant. Additionally, defendant was allowed to raise lack of jurisdiction for the first time as a defense to the ejectment action. Judgment in favor of defendant was affirmed.
Publication Date: 2021-08-30
Practice Area: Corporate Entities
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0860
While generally the purchaser of the assets of an entity does not become the successor of the entity and assume its liabilities, this case involved the rarely litigated exception that imposes successor liability upon a defendant purchaser who expressly or implicitly assumed liability. The court recommended affirmance.
Publication Date: 2021-08-09
Practice Area: Fee Disputes
Industry: Legal Services
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0776
Law firm was entitled to fees based on quantum meruit despite the fact that the lawyer violated the disciplinary rules by failing to disclose in advance the basis for his fees.
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