Monday, November 17, 2008
Commonwealth Court Administrative Law
Eathorne v. State Ethics Comm’n
Because petitioner provided good cause for the late filing of his answer to a findings report and because the opposing party suffered no prejudice, petitioner was entitled to file a nunc pro tunc answer to the investigative complaint against him. Vacated and remanded.
Health Law
McBride v. Dept. of Public Welfare
Disability payments made pursuant to a policy of insurance are not sick pay. The Commonwealth court affirmed the order of the Department of Public Welfare (DPW) finding petitioners ineligible for medical assistance and food stamps.
Health Law
Shaffer-Doan v. Commonwealth
A minor is not prevented from seeking medical expenses incurred while he is a minor, so as to enable the Department of Public Welfare to recover its lien for monies it has expended, as long as the parents do not duplicate such a claim. Motion for summary judgment denied.
Public Utilities
Met-Ed Industrial Users Group v. Pennsylvania Public Utility Comm’n
The Public Utility Commission did not err in deciding multiple issues arising out of petitions for approval of a rate transition plan. Affirmed.
Taxation
Vanderhoef v. Office of Susquehanna County Board of Assessment
Local tax authorities have no power to grant only partial tax exemptions for disabled veterans. The Commonwealth Court reversed the trial court’s affirmation of the Board of Assessment’s denial of full tax exemption for a disabled veteran.
Torts
Jordan v. Western Pennsylvania Hospital
The Commonwealth Court noted its rejection of the Superior Court’s view that a minor’s action may not seek past medical expenses as damages. The Commonwealth Court reversed the trial court’s decision to overrule the Department of Public Welfare’s objections to a settlement of a minor’s action.
Courts of Common Pleas Bankruptcy
Siberian Express, Inc. v. Lloyd’s London
The failure to list a claim for insurance proceeds as an asset during Chapter 11 proceedings renders that claim the property of the estate after discharge, not the property of the discharged debtor. The court dismissed the complaint against the insurer.
Civil Practice
Weitzner v. Vaccess America, Inc.
Given the language of 47 U.S.C. § 227(b)(3), plaintiff was unable to pursue a nationwide class action for alleged violations of the Telephone Consumer Protection Act. Motions decided.
Criminal Practice
Commonwealth v. Wickizer
Defendant could not prove that various driving offenses should have merged with the offense of fleeing or attempting to elude a police officer where the offenses contained distinct elements. Affirmance recommended.
Criminal Practice
Commonwealth v. Watson
The decision whether to submit to chemical testing for intoxication, when made during an encounter with the police is not a point at which the right to counsel attaches. The court recommended its judgment of sentence be affirmed.
Criminal Practice
Commonwealth v. Rodriguez
Defendant had no cognizable claims that would entitle him to relief under the Post Conviction Relief Act were his third petition was not timely filed and none of the exceptions to the time restriction applied. Affirmance recommended.
Criminal Practice
Commonwealth v. Haun
Where defendant admitted and maintained his guilt of the crimes for which he was convicted, he was beyond the scope of Post Conviction Relief Act for purposes of pursuing relief based on ineffective assistance of counsel. Petition denied.
Criminal Practice
Commonwealth v. Diehl, PICS Case No. 08-1874
Defendant’s appeal shall be dismissed where defendant failed to file a concise statement of matters complained of on appeal or to order the necessary transcripts. Appeal dismissed.
Criminal Practice
Commonwealth v. Ball
Defendant was not entitled to post-conviction relief where he presented no credible evidence that trial counsel was ineffective for failing to suppress statements made to police or in cross-examining a witness. Post-conviction relied denied.
Criminal Practice
Commonwealth v. Braun
Defendant failed to assert valid claims of ineffective assistance of counsel where he presented no evidence that testimony from certain witnesses was available or relevant, and the failure to object to evidence of his alcohol addiction was a reasonable strategic decision. Post-sentence motions denied.
Family Law
Vargas-Lugo v. Reed
The court granted mother primary custody of the parties’ minor child were mother invested much time in overseeing certain health needs of the child, but father did not make a similar commitment. Custody order issued.
Family Law
Wimmer v. Wimmer
Although husband’s counteraffidavit was not properly verified, the court allowed him to amend and correct his improperly verified document rather than lose any legal rights via a technical error. Motion to strike counteraffidavit granted; husband granted leave to properly verify.
Family Law
Witmer v. Witmer
Given the severe animosity that existed between the parents and the harmful atmosphere that it created for the children, the court fashioned an order allowing for alternating periods of custody for each parent, plus counseling for both parents and children. Custody decision issued.
Family Law
Zeigler v. Zeigler
Since husband’s 401(k) retirement plan had been used to determine his income for purposes of calculating spousal support, that amount should be credited to husband when the account was considered for equitable distribution. Affirmed in part.
Family Law
Lott v. Lott
Where the parties’ marital settlement agreement clearly indicated that wife was entitled to a portion of husband’s pension and where the early retirement supplement that husband received was a part of employer’s pension plan, wife was entitled to receive a portion of the supplement. Affirmance recommended.
Family Practice
Woskob v. Dearmitt
Defendant was not entitled to summary judgment under the standard in Nanty-Glo v. American Surety Co., as there were genuine issues of material fact regarding whether he participated with his wife in the conversion of plaintiffs’ funds. Defendant’s motion for summary judgment denied.
Land Use And Planning
Miravich v. Zoning Hearing Bd. of the Twp. of Alsace
The court found a developer’s desire for a second access road requiring a variance not to be a self-inflicted hardship. The court denied the land use appeal of concerned neighbors.
Real Property
In re Petition for Review of Wharton Twp. Ordinance No 2 of 2006
Eminent domain only can be effected by filing a declaration of taking. The court sustained preliminary objections to Wharton Township’s petition for leave to enter into court estimated just compensation.
Real Property
Krajewski v. Jakubowicz
The grantor of property does not have the authority to restrict a parcel of land he does not own. The court ruled in favor of defendants in a property dispute.
Torts
Hain v. Borough of West Reading
Defendant-architectural firm was entitled to summary judgment in this negligence case, where neither contractual obligations nor course of conduct established a duty on the part of the firm to warn the plaintiff of a defect in the scaffolding at a construction site. Motion for summary judgment granted.
Superior Court Criminal Practice
Commonwealth v. Lebarre
The victim’s estate was entitled to restitution from defendant, because the estate stood in the shoes of the victim under the restitution provision of the sentencing code. Affirmed.
Trusts And Estates
Estate of Phyllis Ann Vernum v. Estate of Richard E. Vernum
The Slayer’s Act governed the distribution of property jointly held by a husband who killed himself shortly after murdering his wife. The court affirmed the order of the orphans’ court.
U.S. District Court - Middle Criminal Practice
Saunders v. Donate
Habeas corpus cannot be used instead of normal pretrial criminal motions. The court dismissed Saunders’ habeas corpus petition.
U.S. District Court - Eastern Civil Practice
Vigilante v. Statharos
In this case removed because of diversity of citizenship, the removing defendant timely filed the notice of removal and complied with the unanimity rule. Motion for remand denied.
Civil Practice
Bush v. Adams
Although the allegations pertaining to civil conspiracy between defendant-mother and a Pennsylvania state police officer indicated that specific jurisdiction existed for defendant-mother, the court directed the parties to provide supplemental briefing on a line of cases that suggested that plaintiffs’ civil conspiracy claim was not cognizable under Pennsylvania law. Opinion on motions to dismiss issued.
Civil Practice
Wilmington Finance, Inc. v. Tom L. Moonis
In this litigation over the New York defendant’s representation of plaintiff in New York closings, defendant was entitled to dismissal on the basis of lack of personal jurisdiction where plaintiff failed to demonstrate that defendant had the requisite minimum contacts with Pennsylvania. Motion to dismiss granted.
Election Law
Oh v. Philadelphia County Bd. of Elections
As even an unlawful denial of municipal office would not be a denial of a property or liberty interest under the due process clause and unsuccessful candidates do not have standing to bring claims under the Voting Rights Act, the court dismissed plaintiff’s claim.
Health Law
Zatuchni v. Richman
A private right under 42 U.S.C. § 1983 exists to enforce Medicaid’s section 1396n(c)(2)(C) that requires Pennsylvania’s Department of Public Welfare to inform disabled persons of feasible alternatives for care, and to allow them an opportunity to select whether the available services should be provided at home, in a community-based setting, or in an intermediate care facility. The court denied defendant’s motion to dismiss in large part, though granted it as to certain claims.
Intellectual Property
VTran Media Technologies v. Atlantic Broadband
The court found plaintiff had complete ownership of the patents-in-suit.
Landlord/tenant Law
1600 Penn Corp. v. Computer Sciences Corp.
A commercial tenant was entitled to summary judgment on landlord’s claim for breach of a specific use requirement, and landlord was unable to demonstrate an implied obligation to occupy the building. Motions for summary judgment decided.
Media Law
Morgenstern v. Fox Television
There is no fair report privilege for internal reports about investigations by public employers into public employees. The court partially granted but partially denied motions to dismiss.
Torts
David L. v. Bucks Ass’n of Retarded Citizens
The court refused to require the joinder of the perpetrator of abuse on the developmentally challenged victim in a negligent supervision action against the perpetrator’s employer.
U.S. District Court - Western Civil Rights
Young v. Good
An allegation that prison guards ransacked plaintiff’s cell and took his grievance papers was sufficient to allege that plaintiff made sufficient attempts to exhaust his administrative remedies. The court denied defendants’ motion for summary judgment.
Consumer Protection
Grimm v. Discover Financial Services
The Truth in Lending Act (TILA) section 1643 does not impose any obligation on issuers of credit cards to pay the costs associated with unauthorized or fraudulent use of the cards. The court dismissed much of plaintiffs’ complaint but granted leave to amend in part.
Torts
Weaver v. University of Pittsburgh Medical Center
When a plaintiff files a certificate of merit that carelessly refers to vicarious liability but the expert’s previously prepared affidavit supports direct corporate negligence as pled in the complaint, the plaintiff has substantially complied with the requirement of a certificate of merit. The court denied a motion to dismiss.
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