Case law

Galdo v. First Pennsylvania Bank

73 Pa. D. & C.2d 347 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 3, 1976

[Federal Rule of Civil Procedure] No. 23(a) in providing for a class suit where the members of a class are so numerous as to make it impractical to join all as parties.” 2 By its provisions, Pa.R.C.P. 2230(a) establishes … Moreover, counsel retained by plaintiffs, as conceded by defendant, has proved to be “qualified, experienced and . . . able. . . .”: Eisen v. Carlisle and Jacquelin, supra, at page 562.

Westerby v. Johns-Manville Corp.

32 Pa. D. & C.3d 163 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 16, 1982

Dismissal of the instant case, based inter alia on the residence, not citizenship, of the respective parties clearly does not run afoul of the constitutional principles embodied in the privileges and immunities clause. … IV, §2: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. ...” . U.S. Const. Art.

In re Estate of Boyce

39 Pa. D. & C.5th 1 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 9, 2014

It clearly specified that the contents and terms of the citation should be read and explained “to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand.” … Under well-established Pennsylvania law, the failure to alert this court to the objections raised for the first time on appeal constitutes a waiver.

Alliance Bank v. Attractive Prop., LLC

32 Pa. D. & C.5th 1 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 31, 2013

Courts may hear evidence from property owners, expert witnesses, or persons with knowledge and experience qualifying them to form a reasonably intelligent judgment as to the value of a property. Id. at 361 . … This court’s finding is clearly supported by the sale prices of nearby comparable properties. For five nearby comparable properties, all in average condition, the highest sale price listed was $24,000.

Albert M. Greenfield Foundation v. Bankers Securities Corp.

7 Pa. D. & C.3d 535 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 28, 1978

The information that plaintiff seeks clearly meets the traditional prerequisites for discoverability contained in Pa.R.C.P. 4007. … For these *543 reasons, the court holds that the information which plaintiff seeks is not immunized from discovery by the statutory accountant-client privilege.

Bakeoven v. Segal

46 Pa. D. & C.4th 419 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 21, 2000

The following facts were established. At the time of his death the decedent, James Bakeoven, was 49 years old, married and had three children, ages 21,17 and 14. … Margulies was sufficiently qualified to offer an expert opinion.

Burch v. Mellor

43 Pa. D. & C. 597 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 11, 1942

Defendants’ advertisement being clearly a violation of the act, we come to a consideration of the second and final question in the case: namely, whether plaintiffs have shown a case entitling them to an enforcement of the … By this admission a case is presented in which it is affirmatively established that their professional property rights and interests neither have been actually involved, nor threatened, thus leaving the bare violation of

Mortimer v. City of Philadelphia

14 Pa. D. & C.2d 376 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 23, 1957

Plaintiff was officially notified of his grade in the qualifying examination on March 5, 1954. … Pittsburgh, 352 Pa. 647, 649 (1945)), and will assume that persons holding responsible public positions will act in good faith until the contrary is clearly shown: Glesenkamp v.

Roosevelt-Bentman Trust for American Voters

44 Pa. D. & C.5th 404 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 2, 2015

4, 2007. 1 Respondent, Republican National Committee, is alleged to be a qualified beneficiary of the *406 Trust. 2 Respondent, however, denies any involvement with or any interest in the Trust. 3 On May 2, 2014, the petitioner … Petitioner willfully failed to disclose facts which would have constituted service, thereby establishing jurisdiction *410 over respondent.

Solomon v. Luria

45 Pa. D. & C.2d 291 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 19, 1967

Defendant’s specification of error in connection with the charge does not include what was said in connection with and qualifying the part of the charge to which complaint has now been made. … As the supposedly disinterested witness was called for the purpose of attacking plaintiff’s credibility, his own credibility was clearly subject to searching cross-examination.

Robinson v. Pennsylvania Assigned Claims Plan

16 Pa. D. & C.4th 256 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 5, 1992

Travelers is the designated assignee in this case. (2) To qualify as an eligible claimant under §1752 of the plan, plaintiff must establish the following by a preponderance of the evidence: “(a) General rule. — A person is … motor vehicle required to be registered under Chapter 13 (relating to registration of vehicles). “(5) Is not the operator or occupant of a motor vehicle owned by a self-insurer or by an individual or entity who or which is immune

Lindsay v. Rose

6 Pa. D. & C. 325 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 22, 1924

On bill, answer, replication and proofs, the chancellor adopts as his findings of facts and conclusions of law the requests of the parties for such findings and conclusions, so far as they have been affirmed or qualified. … It relates clearly to the structure on the Tenth Street side of the lot, known as No. 1344 North Tenth Street.

District 50, United Mine Workers of America v. Quaker City Iron Works, Inc.

30 Pa. D. & C.2d 123 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 8, 1963

From the above language, it is plain that the intent of the parties as clearly expressed was that no employe would be entitled to any money or other property held by the trustee until and unless he acquired the status of … To apply the balance of said pension fund to the purchase, from a properly qualified life insurance company approved by the court, of lifetime annuities for such of said 26 retired employes who were retired under said pension

Quantitative Financial Strategies Inc. v. Morgan Lewis & Bockius LLP

55 Pa. D. & C.4th 265 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 12, 2002

The most clearly stated rationale for allowing full access by clients to their files is perhaps found in Sage Realty. … It concluded that none of the documents were immune to disclosure under the work product doctrine.

Goldin v. Bally Total Fitness Corp.

23 Pa. D. & C.5th 72 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 8, 2011

First, he argued that while Bally’s failure to maintain an AED device *75 on premises was clearly the main thrust of plaintiff’s case, the amended complaint raised additional claims of negligence that could not be disposed … provision for Good Samaritans who use an AED in an emergency situation cannot impose a duty on a business establishment to acquire, maintain, and use such a device on its premises.” 17 3.

Watson v. Witkin

43 Pa. D. & C. 489 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 15, 1941

On January 9,1895, the select and common councils elected Roney, the relator, to fill the vacancy for the unexpired term and he qualified. … It was clearly beyond the legislative power to thus usurp judicial functions, or to distort language.”

Clarkie's, Inc. v. City of Philadelphia

67 Pa. D. & C.2d 68 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 29, 1973

The exact nature and extent of this work was not further established, however, and it is clear to us that Berio did not participate in the type of total operation that would qualify it as having met the boundaries of the … This experience can clearly be gained on jobs other than stadium maintenance, as is borne out by Clarke’s own experience. (See Appendix “A”).

Geothermal Resources International, Inc. v. Eastern Air Lines, Inc.

12 Pa. D. & C.3d 246 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 27, 1979

Paragraphs 7 and 8 also set the limits of recovery in an action for enforcement of the rights established under paragraphs 7 and 8.” Page 7. … This is contrary to the unambiguous and clearly declared contractual undertaking.

Cull v. Cabot Corp.

61 Pa. D. & C.4th 343 · Pennsylvania Court of Common Pleas, Philadelphia County · May 3, 2001

None of these policy reasons however, justify ignoring the Pennsylvania Supreme Court’s test, which so clearly indicates that a defendant’s negligence is an essential element of a medical monitoring claim. … CBD is a granulomatous disease of the lungs in which the patient develops a cell-mediated immune response to the beryllium.

Winner Logistics Inc. v. Labor & Logistics Inc.

23 Pa. D. & C.5th 463 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 29, 2011

The Superior Court said, “our established precedent is clear that the type of information contained in LLM’s customer lists does not qualify as trade secrets.” … So the names on the LLM customers lists does not qualify as trade secrets.