• In re: Estate of Chennisi

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0690

    An award from a victim compensation fund belonged to decedent's estate, so the court denied an objection by decedent's surviving spouse regarding the right to the compensation award.

  • Murray v. American Lafrance, LLC

    Publication Date: 2018-10-09
    Practice Area: Civil Procedure | Occupational Safety and Health
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1207

    Trial court erred in dismissing appellants' action for hearing loss from excessive sound exposure from fire engine sirens manufactured by appellee for lack of personal jurisdiction over appellee because by registering in Pennsylvania as a foreign corporation, appellee consented to general personal jurisdiction in Pennsylvania. Vacated.

  • In re: H.R., a minor

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1208

    Where Act 21 was intended to ensure continued mental health treatment of juveniles adjudicated as sexually violent delinquent children, continued involuntary treatment was neither punitive in nature nor constituted ex post facto punishment. Order of the trial court affirmed.

  • Hovatter v. CSX Transp., Inc.

    Publication Date: 2018-07-31
    Practice Area: Civil Procedure | Employment Litigation | Personal Injury
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0890

    Trial court erred in finding that 45 U.S.C. §56 controlled appellant's motion to dismiss appellees' FELA claims on forum non conveniens grounds and abused its discretion in giving heightened deference to appellees' choice of forum because §56 addressed venue in federal district courts, not forum non conveniens in state courts, and abused its discretion in denying the motion. Reversed.

  • Commonwealth v. Johnson

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0851

    The trial court did not err in denying defendant's challenge to the weight of the evidence where any alleged contradictory testimony supporting his criminal conviction, when viewed as a whole, was complimentary and any difference in testimony involved a minor discrepancy. The appellate court affirmed defendant's judgment of sentence.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Caltagirone v. Cephalon, Inc. et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0784

    The trial court did not err in finding that plaintiff's wrongful death and survival claims, premised upon alleged violations of the Federal Food, Drug and Cosmetic Act and its implementing regulations, were preempted by the federal system of regulating and enforcement by the U.S. Food and Drug Administration. The appellate court affirmed the trial court's order.

  • Commonwealth v. Baney

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0657

    Trial court was not obligated to resentence after vacating "restitution" that was in fact an order to pay costs of prosecution. Order of the trial court affirmed.

  • Commc'ns Network Int'l, Ltd. v. Mullineaux

    Publication Date: 2018-05-29
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0630

    Legal malpractice claim untimely when client, through exercise of due diligence, should have discovered attorney's breach of duty of care upon filing of complaint omitting material facts or court's dismissal on those grounds. Summary judgment affirmed.

  • Carmen Enterprises, Inc. v. Murpenter, LLC

    Publication Date: 2018-05-08
    Practice Area: Attorney Compensation
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0531

    The trial court properly found that opposing counsels acquiescence to the claimed attorney fees was not dispositive of a fair and reasonable amount and, thus, considered counsels testimony that his representation of plaintiff was totally separate and unconnected to his work at his former intellectual property law firm. The appellate court affirmed the trial courts order granting attorney fees.

  • Commonwealth v. Bethea

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0529

    Even assuming defendant did not waive his claim that the trial court erred in granting the commonwealths motion to preclude repeated references to him as an innocent man during voir dire, the claim failed since the trial courts decision did not undermine his presumption of innocence. The appellate court affirmed defendants judgment of sentence.