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Publication Date: 2023-12-11
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2956
Defendant insurer moved to dismiss plaintiffs' violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, negligence and bad faith action over coverage for alleged smoke damage to a property and court found plaintiffs failed to establish any deceptive conduct in investigating and handling the claim or any act or omission that misrepresented coverage, the negligence claim was barred by the gist of the action doctrine and plaintiffs pled no facts to explain why the investigation was unreasonable. Motion granted.
Publication Date: 2023-12-11
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 01031
Defendant appealed the court's denial of his petition to open a default judgment entered against him in plaintiff's residential foreclosure suit. The court concluded that its order should be affirmed and defendant's appeal should be denied.
Publication Date: 2023-12-11
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1097 C.D. 2021
Common pleas court erred in finding appellants' appeal of board's decision that they violated a zoning ordinance was untimely, in upholding board's decision about appellants' fence and in failing to consider appellants' equitable defenses but court rejected appellants' argument that board lacked authority to enforce the ordinance road weight restrictions. Reversed and vacated in part.
Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 637 C.D. 2022
Court found appellant failed to invoke the court's authority under the Declaratory Judgment Act and trial court should have dismissed appellant's complaint relating to a real estate tax assessment for lack of jurisdiction. Vacated and remanded.
Publication Date: 2023-12-04
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 361 C.D. 2022
Court reversed board of viewers' damage award following vacation of public road where board failed to cite the evidence that formed the basis for its calculation of damages. Order of the board of viewers' reversed and remanded.
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Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Advertising | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 88 C.D. 2022
Zoning board misinterpreted township zoning code in approving permits for construction of a billboard within a right-of-way, which expressly required all principal uses to be on a lot and excluded any parcel of land within a right-of-way from the definition of a "lot." Order of the trial court reversed.
Publication Date: 2023-12-04
Practice Area: Transportation
Industry: Entertainment and Leisure | Real Estate | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-563
Defendant moved to dismiss plaintiff's Abandoned and Blighted Property Conservatorship Act action to be appointed conservator of a property and court found plaintiff's action was preempted by 49 U.S.C. §10501(b) but that plaintiff could file an "adverse abandonment" application with the Surface Transportation Board. Motion granted.
Publication Date: 2023-12-04
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 1951
Plaintiff lender filed a renewed petition to appoint a receiver for property offered as security on a defaulted commercial loan. The court granted the petition where defendant borrowers had improperly diverted tenants' rent payments and had mismanaged the mortgaged commercial property.
Publication Date: 2023-11-27
Practice Area: Real Estate
Industry: Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 820 C.D. 2021
Trial court did not err in authorizing receiver, rather than a special litigation committee, to investigate appellant Serota's demand and determine whether a derivative action was in the association's best interest and in deferring to receiver's recommendation. Affirmed.
Publication Date: 2023-11-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Mellon
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-02390
Pro se defendant appealed the court's unsigned Civil Court Sheet acknowledging that the action was settled and discontinued. The court concluded that the appeal must be dismissed where defendant, who had unnecessarily and vexatiously prolonged the litigation, waived her right to appeal by failing to file a 1925(b) concise statement of errors complained of.
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