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Articles on this Page
- 01/26/15--08:33: _Superior Court Remi...
- 01/27/15--12:34: _Superior Court Rule...
- 04/21/15--11:00: _Expert witnesses sh...
- 04/22/15--15:25: _Old deeds and oil a...
- 04/24/15--07:58: _Church waives all a...
- 06/15/15--10:39: _Valet owes no duty ...
- 06/15/15--11:49: _Are State Subsidies...
- 07/22/15--11:29: _Insurer Liable for ...
- 08/03/15--08:59: _U.S. 3rd Circuit Co...
- 08/05/15--12:32: _Pennsylvania Superi...
- 10/05/15--06:59: _Pa Superior Court r...
- 10/05/15--16:28: _PA Superior Court r...
- 10/16/15--07:08: _Lawsuit Barred by P...
- 10/23/15--14:21: _Pennsylvania expand...
- 10/23/15--15:06: _Is Pennsylvania cha...
- 10/29/15--13:15: _Court Driven System...
- 11/02/15--06:32: _Pennsylvania Suprem...
- 11/02/15--11:46: _Governor Wolf Signs...
- 11/04/15--12:06: _Ferman, Clifford an...
- 11/05/15--12:24: _Commonwealth Court ...
- 01/27/15--12:34: Superior Court Rules On Due Diligence Required In Quiet Title Action
- 04/21/15--11:00: Expert witnesses should never take their file to the witness stand
- 04/22/15--15:25: Old deeds and oil and gas rights in Pennsylvania
- 06/15/15--10:39: Valet owes no duty to withhold keys from drunk driver!
- 08/05/15--12:32: Pennsylvania Superior Court Posts Decisions
- 10/16/15--07:08: Lawsuit Barred by Political Subdivision Tort Claims Act
- 10/23/15--14:21: Pennsylvania expands exceptions for jury duty
- 10/29/15--13:15: Court Driven System Comes To Montgomery County Court Of Common Pleas
- 11/05/15--12:24: Commonwealth Court Sets Aside 1.7 Million Dollar Judgment
On Friday, the Superior Court issued a decision that should serve both as a cautionary tale to attorneys as well as a reminder that foreign corporations must register to do business in Pennsylvania to bring an action in its courts. See Drake Manufacturing Company, Inc. v. Polyflow, Inc., No. 959 WDA 2014 (Pa. Super. Ct.,... Continue Reading
The Superior Court recently weighed in with an interesting decision involving due diligence in the context of service by publication when potentially interested parties to a litigation cannot be located. See Sisson v. Stanley, No. 1347 MDA 2013 (Pa. Super. Ct., Jan. 27, 2015). In 1953, Joseph Stanley transferred all right, title, and interest in... Continue Reading
Today the Pa Superior Court affirmed a decision and verdict of the Northampton County Court of Common Pleas. Not a big deal. However in the decision there is mention of the fact that an expert witness brought his file to the witness stand and opposing counsel asked to see the file. Again, not a big… Continue Reading
Today the Pa Superior Court issued a published decision in which the Court went into a detailed analyses of coal, oil and gas rights in Pennsylvania. Part of the decision turned on the Pa Supreme Court decision of US Steel v. Hoge 468 A. 2d 1380 and part turned on the Court’s interpretation of deeds… Continue Reading
Today the Pa Commonwealth Court held that New Life Church waived all issues on appeal by failing to file post-trial motions. The impact of the decision is that a former church building located at 2826 through 2846 N. 9th Street in Philadelphia will be demolished by the City of Philadelphia. At issue on appeal was… Continue Reading
I previously posted on this case when a panel of 3 Superior Court Justices affirmed a Lower Court decision to grant summary judgment in favor of the company who employed a valet service. Now the Court En Banc has voted 6-3 to affirm the Lower Court decision. In doing so the Court has ruled on… Continue Reading
The sweeping changes to the National Flood Insurance Program imposed by recent federal legislation continue to have a broad impact at the state level. As federal flood insurance subsidies are gradually withdrawn, states are examining how they can close the gap to make the increasing premiums more affordable. In Pennsylvania, the Pennsylvania House of Representatives… Continue Reading
Yesterday the Pennsylvania Supreme Court issued a decision on an issue of first impression in Pennsylvania. The issue was: “whether an insured forfeits insurance coverage by settling a tort claim without the consent of its insurer, when the insurer defends the insured subject to a reservation of rights, asserting that the claims may not be… Continue Reading
Today the United States Third Circuit Court Of Appeals issued a major ruling against Montgomery County Recorder of Deeds Nancy Becker. Becker filed a class action on behalf of all Recorder of Deeds in Pennsylvania Mortgage Electronic Registration Systems, Inc. (“MERS”) seeking to recover millions in “so called” unpaid recording fees and an order to… Continue Reading
Today the Pennsylvania Superior Court posted 23 non-precedential decisions. Of the 23 decisions, 15 were on criminal cases, 2 trusts and estates, 3 family law 1 wrongful death and 1 involved a neighbor dispute.
In a 44 page decision, the Pennsylvania Superior Court vacated a jury verdict for the sole purpose of allowing the Plaintiff Sears, Roebuck & Co. (‘Sears”) to have its demand for punitive damages submitted to a jury. As background, Sears sued its landlord for constructive eviction and the landlord’s agent for interference with contract. The… Continue Reading
Today the Pennsylvania Superior Court reversed a Lower Court ruling by the Chester County Court of Common Pleas regarding the fraudulent transfer of a liquor license. As background information, a Chester County Jury found liability against a bar and the holder of the liquor license as a result of the Plaintiff being injured in a… Continue Reading
The Commonwealth Court of Pennsylvania just reversed a judgment of the Berks County Court of Common Pleas that had the potential to open up the floodgates to claims by utilities against local agencies based on the alleged negligence of the agency’s employees. The plaintiff, a private utility company, sued the City of Reading after its… Continue Reading
Pennsylvania has expanded the exceptions which permit a citizen from being excused from jury duty. Currently there are 5 exceptions which allow a person to be excused from jury duty in Pennsylvania. Those exceptions are: Persons in active military service; Persons who have served on jury duty within the prior 3 years; Persons who demonstrate… Continue Reading
Is Pennsylvania changing to merit selection for appellate court judges? Maybe in the future, but not right now. The process is lengthy and requires an amendment to the Pennsylvania constitution which would require a positive vote of the house and senate in 2 successive sessions and then a ratification vote by the public in a… Continue Reading
Major changes will be taking effect in Montgomery County Court of Common Pleas effective January 1, 2016. On October 19, 2015, the Court entered an Order adopting Montgomery County Local Rule of Civil Procedure 200. Montgomery County will be moving from an attorney driven to a court driven system! Montgomery County has always been an… Continue Reading
It was reported today in the Pennsylvania Bulletin that the Pa Supreme Court has delayed the effective date for implementation of the Supreme Court’s new Rules on Court Reporting and Transcripts from June 1, 2015 to January 1, 2017. The Rules on Court Reporting and Transcripts are comprehensive Rules that were approved by the Pa… Continue Reading
I previously blogged on the law that passed the PA House and PA Senate which expanded the exceptions for jury duty service in Pennsylvania. On October 30th that law was signed by Governor Wolf. The law will now take effect in 60 days.
On November 4, 2015 voters in Montgomery County elected Risa Vetri Ferman (“Ferman”), Daniel J. Clifford (“Clifford”) and Todd Eisenberg (“Eisenberg”) to fill three vacant positions on the Bench of Montgomery County Court of Common Pleas. Ferman, Clifford and Eisenberg will take the Bench in January 2016. The three vacancies are result of mandatory retirements… Continue Reading
Hopefully the Borough of West Chester hasn’t spent the money! On July 14, 2014, the Chester County Court of Common Pleas awarded the Borough of West Chester (the “Borough”) a Judgment in the amount of $1,719,235.27 against Wyeth Pharmaceuticals (“Wyeth”). Wyeth appealed and today the Commonwealth Court vacated the Judgment and remanded for a determination… Continue Reading