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PENNSYLVANIA RECORD

Friday, April 19, 2024

David Hutton News


Supreme Court declines opinion in plaintiff's objection to exam without counsel

By David Hutton |
HARRISBURG – The state Supreme Court won’t review whether a plaintiff in a civil lawsuit has the right to have counsel present and to record a neuropsychological examination by a defendant’s doctor, remanding the case back to Lebanon County Common Pleas Court.

Supreme Court disbars former Washington County Common Pleas judge over use of seized cocaine

By David Hutton |
HARRISBURG – The state Supreme Court has unanimously agreed to a request from the Office of Disciplinary Counsel to disbar former Washington County Common Pleas Judge Paul Michael Pozonsky.

AMM reaches $1.5 settlement with EPA over alleged Clean Air Act violations in Monessen

By David Hutton |
PHILADELPHIA – The U.S. Environmental Protection Agency has announced a settlement with ArcelorMittal Monessen LLC in a case involving alleged Clean Air Act violations at the company’s coke plant in Monessen.

US Airways gets out of lawsuit filed by baggage handler hit by door

By David Hutton |
HARRISBURG – The state Superior Court has awarded summary judgment to US Airways in a lawsuit filed by an injured baggage handler, but he can continue his claims against companies that designed, built and maintained the door.

U.S. district court judge rejects motion to dismiss lead-based paint lawsuit against broker

By David Hutton |
PHILADELPHIA – A U.S. district court judge has dismissed a motion by the agents of a real estate firm to dismiss a lawsuit by a mother claiming her children were affected by exposure to lead-based paint.

Breach of contract complaint filed against PennDOT by construction company

By David Hutton |
PITTSBURGH – A bridge construction company has filed a lawsuit in the Court of Common Pleas of Allegheny County against the Commonwealth of Pennsylvania Department of Transportation, claiming breach of contract.

Superior Court of Pennsylvania derails $597,000 judgment against railway companies

By David Hutton |
HARRISBURG – The Superior Court of Pennsylvania has overturned a $597,000 judgment against American Premier Underwriters Inc., Consolidated Rail Corp., CSX Transportation, et al. and returned the case back to the lower court for further proceedings because of the actions of the appellee's counsel.

Commonwealth Court upholds denial of unemployment compensation for fired receptionist

By David Hutton |
HARRISBURG – The Commonwealth Court of Pennsylvania has upheld an Unemployment Compensation Board of Review decision denying Catherine A. Diamond unemployment benefits because of alleged misconduct.

Ruling explores case of woman who tripped in hospital parking lot, causing coma that she never came out of

By David Hutton |
HARRISBURG – The state Superior Court has affirmed a Delaware County Common Pleas Court ruling granting summary judgment to Riddle Memorial Hospital and Main Line Health Inc. in a negligence case.

State Supreme Court rules on test for bad faith insurance fights

By David Hutton |
HARRISBURG – The Pennsylvania Supreme Court has taken a stand on what policy holders have to prove to lay the groundwork for a bad faith claim under the state’s bad faith statute.

Pennsylvania Superior Court upholds ruling in wrongful death suit

By David Hutton |
The Pennsylvania Superior Court has upheld a Berks County Common Pleas Court ruling denying summary judgment in a wrongful death lawsuit against Frankie & Eddie’s Hanover Inn and RCA Insurance Group.

York couple file suit after husband is struck by Penn Waste truck; Company says he walked in front of truck

By David Hutton |
LANCASTER – A York Township man and his wife have filed a lawsuit in the Court of Common Pleas Lancaster County against Penn Waste Inc. and Daniel Blair, alleging negligence.

Third Circuit protects in-house attorneys who feel retaliated against

By David Hutton |
PHILADELPHIA – A recent decision from the U.S. Court of Appeals for the Third Circuit is raising some eyebrows, a labor and employment law attorney says.

Wyld Chyld owner accuses Baller Inc. of fraud in relation to Pittsburgh tattoo expo

By David Hutton |
PITTSBURGH – A nationally known Pittsburgh-area tattoo artist has filed a complaint in Allegheny County Common Pleas Court, alleging breach of partnership and fraud in connection with a 2017 tattoo expo.

John Deere says Beyer man misused tractor that allegedly overturned on him

By David Hutton |
PITTSBURGH – The manufacturer of John Deere tractors has filed its response to a lawsuit filed in Allegheny County Court of Common Pleas alleging negligence in a rollover accident that injured the Beyer owner of a Deere tractor, raising several new issues it claims deflate the allegations.

Old Forge Manor Personal Care Center files objection to lawsuit filed by resident

By David Hutton |
SCRANTON – A resident of Old Forge Manor Personal Care Center has filed a lawsuit in Lackawanna County Common Pleas Court claiming that she injured when she was cut on the rail of a bed, and the defendant recently filed its objections.

Driver files suit against Advance Auto Parts, others after slipping on ice during delivery; Defendant wants case transferred to York

By David Hutton |
SCRANTON – A Bensalem man has filed a complaint in Lackawanna County Court of Common Pleas against Advanced Auto Parts, Emerald Lawn & Landscaping and The Tree Guys after an alleged fall, and the defendants recently filed their objections to the suit.

State Supreme Court rules fired worker not entitled to see personnel file

By David Hutton |
HARRISBURG — In a case that ultimately could have far-reaching impact across the state, the Pennsylvania Supreme Court has ruled that terminated employees are precluded from inspecting their personnel files.

Pittsburgh police prevail, will not be required to live within city limits

By David Hutton |
PITTSBURGH — The state Supreme Court on May 22 ruled that police officers in Pittsburgh must only live within 25 air miles of downtown instead of within city limits, upholding a 2014 decision by an arbitrator.

Superior Court rejects Honda’s call for new trial in $55M case

By David Hutton |
PHILADELPHIA — A Pennsylvania appeals court has rejected American Honda Motor Co.’s motion for a new trial after a lower court’s jury awarded $55.3 million in damages to Carlos Martinez, who was paralyzed in an accident in a Honda vehicle.