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Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 77 MAP 2022
Superior court's conclusion that the "regular use" exclusion in an automobile insurance policy violated the language of the Motor Vehicle Financial Responsibility Law was erroneous because court was bound by the decisions in Burstein v. Prudential Property & Cas. Ins. Co., 809 A.2d 204, and Williams v. GEICO Gov't Emps. Ins. Co., 32 A.3d 1195, that the "regular use" exclusion was a permissible limitation of UIM coverage under the MVFRL. Reversed.
Publication Date: 2024-02-16
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 3015 EDA 2022
Trial court correctly dismissed medical malpractice action on grounds of judicial estoppel where theory of liability in present case was incompatible and unreconciled with plaintiff's theory of liability in parallel action. Order of the trial court affirmed.
Publication Date: 2024-02-16
Practice Area: Real Estate
Industry: E-Commerce | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1379
Defendant moved to dismiss and/or to compel arbitration in plaintiff's action for damages and lost rental income after guest barricaded himself in plaintiff's apartment and court found Airbnb purposefully availed itself of doing business in Pennsylvania," the arbitration clause was valid and it properly delegated questions of arbitrability to the arbitrator. Motion granted in part and denied in part.
Publication Date: 2024-02-16
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 1:23-CV-1026
Defendant moved to transfer inmate's Federal Tort Claims Act action concerning plaintiff being held in special housing units in three federal penitentiaries and court found District of Arizona was a proper venue for the action and the interests of justice required transfer. Motion granted.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 71 MAP 2021
Insurance rehabilitator possessed broad statutory authority to propose and implement plan for the rehabilitation of a financially-distressed insurer, including when that plan would affect policies issued in other states. Order of the commonwealth court affirmed.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-02-16
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1541 EDA 2023
Appellant's counsel filed a petition to withdraw and a supporting Anders brief. The court denied the petition where counsel presented an impermissible hybrid advocate's/no-merit brief that identified a potentially meritorious issue on appeal.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 40 MAP 2022
The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell
Publication Date: 2024-02-16
Practice Area: Contractual Disputes
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Lane
Attorneys: For plaintiff:
for defendant:
Case Number: 2567 EDA 2023
The court's §1925(a) opinion urged the Superior Court to affirm its May 5, 2023 order denying post-trial motions in this case involving disputes over intra family loans from appellants, the parents of appellee Farzaad Katri and his wife Rosario.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Sullivan
Attorneys: For plaintiff:
for defendant:
Case Number: 1049 WDA 2022
Court dismissed appeal from denial of post-sentence motion asserting claims of ineffective assistance of counsel where defendant's claims met neither exception to the rule deferring such claims to Post Conviction Relief Act review. Appeal dismissed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3666
Plaintiff moved to remand his breach of contract and bad faith action and court found insurer timely removed the case because it removed the action within 30 days of service of the complaint, which was the "initial pleading," and neither 28 U.S.C. §1446(b)(3) nor 28 U.S.C. §1446(c)(1) applied. Motion denied.
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