Results

We obtained the dismissal of an ethics grievance on behalf of a local special education law attorney. The grievant filed her ethics grievance based upon allegations of fraudulent and unethical practices, accusing the attorney of taking legal fees from a settlement, and alleging that the attorney was prohibited from doing so based on the terms of the settlement agreement. Specifically, the grievant alleged that the attorney failed to safeguard funds from an irrevocable trust for a special needs child, her son.

Our clients specialize in identifying and reclaiming lost property for consumers who are unaware that such lost property exists. The plaintiff brought claims under the Pennsylvania Unfair Trade Practices Consumer Protection Law (UTPCPL) and for fraudulent inducement, arguing that the business model was deceptive because consumers could recover their own property without paying for the ease and convenience of having the defendant business work on their behalf.

We obtained summary judgment in the Philadelphia, PA Court of Common Pleas in a case involving the alleged defective design and installation of a synthetic turf field. Our client was the alleged installer of a turf field located at a popular venue for recreational athletics. The plaintiff sustained a full tear of his right ACL, a complex tear of the medial meniscus and partial tear of the IT band when he tripped on an exposed seam in the turf. Discovery revealed that a flood occurred during turf installation, arguably impacting the outcome.

Our attorneys succeeded in obtaining an affirmance by the Fourth District Court of Appeal. The Fourth District affirmed the dismissal, with prejudice, of our clients, a listing real estate agent and his broker, in an alleged negligence and fraud case. The court rejected the plaintiff’s arguments that the trial court abused its discretion in dismissing their pleadings due to their attorney’s conduct. The court detailed how the plaintiff’s attorney dropped the ball in litigating the case in a separate opinion reversing the plaintiffs’ attorney’s contempt conviction.

Our attorneys succeeded in obtaining an affirmance in the Fifth District Court of Appeal of a final dismissal order of a wrongful death product liability action. The decedent’s estate filed the lawsuit two years after the statute of limitations expired. The estate argued the statute was tolled for a variety of reasons. The trial court dismissed the case, with prejudice, after giving the Estate five attempts to amend. The Fifth District affirmed the dismissal and dispensed with oral argument that same day. 

In the complaint and throughout discovery, the plaintiff raised claims of overarching neglect in addition to a fall that occurred during physical therapy. The plaintiff alleged negligence, corporate negligence, and punitive damages premised upon allegations of understaffing, Department of Health violations and putting profits over patient care. The plaintiff sought to hold not only the nursing home, but also its management company and a holdings company, liable for such claims.

We obtained dismissal of all claims against an optometrist in the United States District Court for the Middle District of Pennsylvania. The plaintiff was incarcerated when the allegations at issue arose. He alleged medical malpractice and civil rights violations against various health care providers for treatment received while he was an inmate at SCI-Dallas.

We obtained an entry of judgment on behalf of an urgent care physician. The plaintiff filed suit in magisterial district court in Wayne County, PA. She alleged that the physician negligently sutured a hand laceration, leading to dehiscence and the need for subsequent surgery. The plaintiff sought recovery of medical expenses and pain and suffering. At the bench trial, the defense sought dismissal based upon the plaintiff’s lack of expert support for her claims, as is required in medical malpractice claims. The court agreed and entered judgment in the defendant’s favor. 

We obtained dismissal via preliminary objections of all claims asserted against a day care center in a shooting case venued in Philadelphia. The case arose from the shooting death of a student’s father. The shooter had been previously convicted of manslaughter and assault and was an employee of the day care center’s long-time food service vendor. While the decedent was dropping off his youngest child at day care, he got into an argument with the shooter, who was on the premises delivering food.

Our attorneys prevailed on an appeal to the Third Circuit, which affirmed the district court’s rejection of the plaintiffs’ request for class certification in a product liability and warranty action. The named plaintiffs are several property owners and communities of common ownership who allege they have yellow-jacketed, corrugated stainless steel tubing (CSST) transporting natural gas through their structures. The flexible, yellow CSST is the modern heir to the black iron pipe formerly universal in the building industry.