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Publication Date: 2019-09-23
Practice Area: Contractual Disputes
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1067
The court denied defendants' petition to open a default judgment, because defendants did not adequately explain why they failed to timely file an answer to the complaint, and their proposed answer did not contain a meritorious defense.
Publication Date: 2019-09-09
Practice Area: Contracts
Industry: Health Care | Software
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1014
Plaintiff failed to establish that defendants were liable for breach of a contract governing the sale of certain equipment and related software, as license to use software does not include a right to future upgrades unless the agreement expressly so provides. The court recommended affirmance of its order granting defendants summary judgment.
Publication Date: 2019-08-19
Practice Area: Civil Procedure
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0897
Pursuant to the superior court's recent holding in Driscoll v. Arena, the language above defendants' signatures on their mortgage was enough to render the mortgage an instrument under seal, despite the lack of a seal next to the signatures, such that this mortgage foreclosure action was subject to a 20-year statute of limitations. The court entered judgment for plaintiff.
Publication Date: 2019-08-19
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0894
The trial court denied defendant's petition to open and/or strike a consent judgment in this mortgage foreclosure suit where both parties' counsel executed the consent judgment on behalf of their clients and defendant failed to cite any evidence to challenge the consent judgment except for his belated allegations raised in a petition to strike. The court recommended affirmance.
Publication Date: 2019-08-19
Practice Area: Contracts
Industry: Advertising | Recruitment and Staffing
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0895
Defendants did not breach a non-solicitation provision in the parties' custom publish agreement by hiring independent contractors who had worked for plaintiff on a magazine since the non-solicitation provision applied only to the parties' "employees." The court entered judgment for defendants.
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Publication Date: 2019-08-05
Practice Area: Banking and Finance Laws
Industry: Accounting
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0828
Post-trial relief was not appropriate where the evidence was sufficient to support the jury verdict, and the appealing party did not establish any error with regard to the jury instructions.
Publication Date: 2019-07-29
Practice Area: Civil Procedure | Consumer Protection
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0827
Plaintiff could not maintain her wrongful initiation and continuation of civil proceedings claims brought under the Dragonetti Act where the claims pursued against her in the underlying debt collection suit could reasonably be held meritorious. The court recommended affirmance of its order granting defendants summary judgment.
Publication Date: 2019-06-03
Practice Area: Personal Injury
Industry: Manufacturing | Recruitment and Staffing
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0596
A worker qualified as a borrowed servant, so the employer was immune from liability for negligence, because the worker had already received compensation under the Workers' Compensation Act.
Publication Date: 2019-06-03
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0605
The plaintiff bank was not required to register as a foreign corporation doing business in Pennsylvania since, under the plain language of 15 Pa.C.S. §403(a), the activities of the bank in creating and collecting debt in Pennsylvania, however regular, systematic or extensive, did not constitute doing business. The court rendered a decision for plaintiff.
Publication Date: 2019-05-20
Practice Area: Contractual Disputes
Industry: Automotive | Consulting
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0509
Defendants waived all issues on appeal, because they did not file post-trial motions and they failed to timely file a concise statement of errors on appeal.
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