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Publication Date: 2024-02-23
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 00413
Plaintiff appealed the court's dismissal of his action against his property insurer for breach of contract and related claims. The court requested that its order be affirmed where plaintiff had voluntarily renewed his policy under its existing terms some two years after he allegedly made oral requests that his coverage be expanded to replacement cost value and that his address be corrected to reflect that he no longer lived in the multi-unit structure, which should have caused insurer to convert the policy from residential to commerci
Publication Date: 2023-05-15
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 00641
Plaintiff sued the defendant for damages resulting from a leg injury. After a trial, a jury verdict was entered for plaintiff and money damages were awarded. Plaintiff filed a post-trial motion seeking a new trial or judgment in its favor raising procedural and substantive errors. The court held that none of the claimed errors justified upsetting the verdict.
Publication Date: 2023-05-01
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 00413
The court granted defendant insurance company's request to dismiss an amended complaint that was filed without leave from the court in violation of Pa.R.Civ.P. 1033(a).
Publication Date: 2023-04-10
Practice Area: Civil Appeals
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 04133
Party waived issues on appeal by filing lengthy brief with multiple exhibits in violation of rule requiring concise statement of issues to be raised. The trial court recommended that the appeal be quashed.
Publication Date: 2023-02-27
Practice Area: Evidence
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 01434
The court requested that the Superior Court deny plaintiff's appeal of the court's refusal to grant a judgment notwithstanding a jury's verdict or alternatively, a new trial. The court concluded that they properly denied plaintiff's request to admit evidence of photos that did not pertain to any of his injuries on the basis that the evidence was not relevant nor probative.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2021-11-29
Practice Area: Litigation
Industry: Financial Services and Banking | Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1315
Upon review of appellant's statement of errors, the trial court concluded that the granting of judgment on the pleadings was premature because it mistakenly took into consideration factors and legal arguments pertaining to a related case. Remand to Common Pleas requested.
Publication Date: 2019-12-23
Practice Area: Damages
Industry: Health Care | Manufacturing
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1433
The trial court allowed plaintiff to recover punitive damages in this products liability suit involving a pelvic mesh device where the defendant manufacturer did not report adverse events to the Food and Drug Administration, as required, and denied defendants' motion to reduce the jury's substantial verdict for plaintiff. The trial court recommended affirmance.
Publication Date: 2019-11-18
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1287
A party's statement of errors on appeal was too vague to allow the court to identify the issues raised on appeal. The court concluded that plaintiff was unable to establish a claim for legal malpractice, so dismissal was appropriate.
Publication Date: 2019-09-23
Practice Area: Products Liability
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1072
Defendants mistakenly argued that plaintiffs' strict liability claims, arising out of a pelvic mesh implanted to treat her pelvic organ prolapse and stress incontinence, were not cognizable under Pennsylvania law and that the evidence did not support the jury's $43 million-dollar verdict. The court recommend affirmance of its order denying defendants post-trial relief.
Publication Date: 2019-06-24
Practice Area: Expert Witnesses | Products Liability
Industry: Consumer Products
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0473
The court excluded the testimony of plaintiff's two experts in this asbestos suit where plaintiff failed to establish one expert's science's reliability and the other expert was merely a conduit for the opinion of another expert. The court recommended affirmance of its orders preluding certain evidence and granting defendant summary judgment.
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