This Week's Cases

Scranton Cultural Ctr. at Masonic Temple v. Phila. Indem. Ins. Co., PICS Case No. 15-0803 (C.P. Lackawanna April 13, 2015) Minora, J. (15 pages).

A case conference sheet inadvertently produced by plaintiffs in discovery was not privileged as it was not a communication between plaintiff and its attorney for the purpose of providing legal services or advice. Defendant's appeal of order denying its motion to compel denied.

In the Matter of Hall, PICS Case No. 15-0802 (Pa. March 17, 2015) per curiam (14 pages).

Finding that the disbarred attorney's misconduct, homicide by vehicle/DUI, was not so egregious as to preclude reinstatement, a sufficient period of time had passed since the misconduct, and that he had shown reinstatement would not be detrimental to the integrity of the bar or subvert the public interest, the disciplinary board recommended reinstatement. Reinstatement granted.

Sweigart v. Sweigart, PICS Case No. 15-0787 (Pa. Super. May 14, 2015) (memorandum) Mundy, J. (8 pages).

In a case involving a decedent, executors and an alleged constructive trust, appeal was not premature and appellants' non-compliant Rule 1925(b) statement did not waive all issues because when appellants filed this notice of appeal, they were not ordered to file a new Rule 1925(b) statement. Case remanded to the trial court for the preparation of a supplemental trial opinion.

Senatore v. Hazakis, PICS Case No. 15-0785 (Pa. Super. April 29, 2015) (memorandum) Musmanno, J. (9 pages).

A construction contract was enforceable against partners in a partnership, specifically a partner absent from contract negotiations and a partner who joined afterwards where both partners testified that they were partners in and there was evidence that the partners accepted the offer to contract. Judgment affirmed.

Commonwealth v. Griffin, PICS Case No. 15-0777 (Pa. Super. May 12, 2015) Ford Elliott, J. (10 pages).

Where the nature of the objects found in defendant's pocket could not have been immediately apparent, the scope of the pat-down, which included a "fair amount of manipulation," exceeded lawful bounds and the physical evidence discovered should have been suppressed. Reversed and remanded.

In the Interest of N.A., PICS Case No. 15-0782 (Pa. Super. May 13, 2015) Lazarus, J. (10 pages).

The court ruled that, despite incorrectly invoking the doctrine of res judicata, the trial court properly denied a second dependency petition by not considering events occurring prior to a denied first petition. Order of the trial court affirmed.

Wolfe v. Ross, PICS Case No. 15-0790 (Pa. Super. May 7, 2015) Bowes, J. (54 pages).

Trial court properly found that the motor vehicle exclusion in party host's homeowner's insurance policy operated to exclude coverage for death of minor who attended party at host's house and crashed a bike, killing himself. Affirmed.

Monger v. Upper Leacock Twp., PICS Case No. 15-0783 (Pa. Super. April 28, 2015) Wecht, J. (11 pages).

The Commonwealth Court properly had jurisdiction over appellants' quasi-contract claims related to appellee township's denial of appellants' land use application pursuant to the MPC, where the court found that such claims were more frequently decided by the commonwealth court and that it had greater expertise in the subject matter. Case transferred.

Resch v. Krapf's Coaches, Inc., PICS Case No. 15-0811 (3rd Cir. May 12, 2015) Shwartz, J. (14 pages).

Plaintiff bus drivers were ineligible for the Fair Labor Standard Act overtime wages sought because the Motor Carrier Act Exemption to the FLSA and Pennsylvania Minimum Wage Act applied to defendant motor coach company employer fell under the jurisdiction of the Department of Transportation and plaintiffs were members of a class of employees who could reasonably be expected to drive interstate routes as part of their duties. Summary judgment to defendant affirmed.

In the Matter of Conrad, PICS Case No. 15-0795 (Pa. March 17, 2015) per curiam (10 pages).

The Disciplinary Board of the Supreme Court of Pennsylvania unanimously recommended that petitioner W. Christopher Conrad be reinstated to the practice of law based on peititioner's sobriety efforts.

Pa. Warehouse Beverage Stores, Inc. v. Brookhaven MZL, LP, PICS Case No. 15-0784 (Pa. Super. May 12, 2015) (memorandum) Stabile, J. (14 pages).

The court ruled that a commercial tenant was not entitled to exercise its option to extend its lease where the court found that the terms of the lease required tenant to be in compliance with all terms of the lease in order to exercise the option. Order of the trial court reversed.

Belgravia Condo. Ass'n v. 1811 Belgravia Assoc., PICS Case No. 15-0788 (Pa. Super. May 14, 2015) (memorandum) Jenkins, J. (16 pages).

Trial court did not err in denying engineer's post-verdict motions in case brought by condominium association for damages arising from engineer's alleged failures in inspecting a building. Affirmed.

Clark v. McCermott, PICS Case No. 15-0776 (Pa. Super. May 1, 2015) (memorandum) Jenkins, J. (11 pages).

Where plaintiff knew she was not entitled to any proceeds from an insurance policy that named her son as sole beneficiary, she had no right to rely on son's alleged promises to invest some proceeds for her benefit in order to establish fraud. Affirmed.

Harleysville Mut. Ins. Co. v. Solomon, PICS Case No. 15-0780 (Pa. Super. April 23, 2015) (memorandum) Wecht, J. (10 pages).

The trial court did not err in refusing to open a default judgment based on "equities" where defendant could not demonstrate that her petition was timely or that there was a reasonable explanation or excuse for her failure to file a timely responsive pleading. Order of the trial court affirmed.

Transystems, Inc. v. Phila. Wholesale Produce Mkt., PICS Case No. 15-0789 (Pa. Super. May 7, 2015) (memorandum) Shogan J. (8 pages).

Appellant's improper use of Lee Real Estate's plans for a fruit and produce terminal because after appellant settled the federal copyright case with Lee, appellant was entitled to no contribution from appellees under the Uniform Contribution Among Tortfeasors Act and appellant's state law negligent misrepresentation claim was time barred. Affirmed.

Keith v. Commonwealth, PICS Case No. 15-0775 (Pa. Commw. May 13, 2015) Leadbetter, J. (8 pages).

Petitioners, the Animal Legal Defense Fund and certain Pennsylvania residents with dogs, pled facts sufficient to establish their standing to bring this action against the Pennsylvania Department of Agriculture and challenge regulations allegedly in conflict with Pennsylvania's Dog Law. Preliminary objections overruled.

Stark v. Equitable Gas Co., LLC, PICS Case No. 15-0778 (Pa. Commw. May 14, 2015) Pellegrini, P.J. (19 pages).

Petitioners presented compelling evidence, based upon actual measurements made in the field, that they owned property up to the center line of an unopened road when defendant installed a gas pipeline upon the property, thereby substantiating their claim of a de facto taking. Affirmed.

Iacurci v. Cnty. of Allegheny, PICS Case No. 15-0779 (Pa. Commw. May 14, 2015) Brobson, J. (11 pages).

Plaintiffs erroneously asserted that Act 20, which allows municipalities to recover penalties and costs associated with collecting unpaid taxes from delinquent taxpayers, imposed new taxes upon plaintiff property owners and impermissibly delegated taxing authority to a private entity. Affirmed.

Starwood Airport Realty v. Sch. Dist. of Phila., PICS Case No. 15-0786 (Pa. Commw. May 7, 2015) Cohn Jubelirer, J. (17 pages).

Trial court erred in denying property owner's motion to strike school district's praecipe to discontinue its appeal without prejudice of property's assessed value because allowing the discontinuance without property owner's consent thwarted the automatic appeal provision of §518.1 of the General County Assessment Law. Reversed.

Staffmore LLC v. Assessment and Treatment Alternatives Inc., PICS Case No. 15-0804 (C.P. Philadelphia March 27, 2015) McInerney, J. (15 pages).

In this breach of contract action, defendant's counterclaims/third-party claims for conversion failed as there had no deprivation of or interference with any rights to chattel and it had suffered no harm, its former employees had not breached a fiduciary duty of loyalty, and the tortious interference with contract claim failed because it had no contract with its clients. Counterclaims and third-party claims dismissed.

Housing and Redev. Ins. Exch. v. Lackawanna Cnty., PICS Case No. 15-0796 (C.P. Lackawanna April 20, 2015) Minora, J. (13 pages).

The insurance agent had the authority to cancel the Housing and Redevelopment Insurance Exchange policy on property owned by Lackawanna County. Therefore, the policy was not in effect as of the date of loss.

Kahler v. Alpha Packaging, PICS Case No. 15-0806 (C.P. Northampton April 24, 2015) Beltrami, J. (5 pages).

Where employees were not allowed to roll over vacation time, employee who resigned mid-year was not due compensation for unused vacation time earned in the prior year. Defendant's motion for judgment as a matter of law granted.

Duarte v. Duarte, PICS Case No. 15-0799 (C.P. Northampton April 22, 2015) Beltrami, J. (10 pages).

Summary judgment on liability was inappropriate based on defendant's factual statements regarding plaintiff's injury because reasonable minds could differ as to whether defendant's actions fell below the duty of care.

Sheng v. Lederach Golf Club, PICS Case No. 15-0805 (C.P. Montgomery April 10, 2015) Smyth, J. (3 pages).

Defendant's preliminary objections, which were filed two days late and sought to strike plaintiff's request for an injunction enjoining certain activities on defendant's golf-course property, were denied without prejudice to defendant's raising similar arguments after an opportunity for discovery.

Mackereth v. Kooma, Inc. PICS Case No. 15-0810 (E.D. Pa. May 14, 2015) Pappert, J. (23 pages).

Employees adequately stated minimum wage claims under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act and common law unjust enrichment claims against certain defendant restaurant entities. Motion to dismiss granted and denied in part.

Dorrance v. ARS Nat'l Serv., PICS Case No. 15-0807 (M.D. Pa., May 11, 2015) Mannion, J. (22 pages).

A court can find that an incentive fee for the services of a named plaintiff and class-action representative who did not attend the final fairness hearing was excessive. Incentive fee reduced from $2,500 to $1,750.

Green Party of Pa. v. Aichele, PICS Case No. 15-0809 (E.D. Pa., May 11, 2015) Dalzell, J. (21 pages).

A requirement that nomination signatures in support of minor party candidates must appear on a sheet that indicates the signer's county of residence is a reasonable, nondiscriminatory election-related regulation. Complaint alleging that the requirement unconstitutionally burdens First Amendment rights dismissed.

Moser v. Renninger, PICS Case No. 15-0744 (Pa. Super. May 1, 2015) Allen, J. (15 pages).

Despite husband's death, wife was entitled to collect from his estate arrearages resulting from an interim support order entered prior to his death, running from the date of wife's petition to the date of husband's death. Order of the trial court affirmed.

Millay v. Marino, PICS Case No. 15-0763 (C.P. Lycoming April 10, 2015) Gray, J. (9 pages).

Plaintiff's claim for specific performance of a contract for sale of real property could proceed where the agreement for sale misrepresented that there was public water service at the property.

Monroe-Pike Land, LLC v. Hinton, PICS Case No. 15-0743 (Pa. Super. April 17, 2015) (memorandum) Shogan, J. (18 pages).

A purchaser of real property was not permitted to extend its review period indefinitely where the parties' agreement did not provide for an open-ended extension. Order of the trial court affirmed.

Santander Bank, N.A. v. King Drive Corp., PICS Case No. 15-0747 (Pa. Super. April 28, 2015) (memorandum) Shogan, J. (12 pages).

Trial court did not err in denying appellants' petition to stay, strike, order discovery or open a judgment of confession arising from commercial loans made for the development of a golf course because appellants provided no transcript of the hearing to allow evaluation of their arguments that they were denied a hearing on the merits and contrary to appellants' assertion, there was no pending lawsuit that implicated lis pendens principles. Affirmed, on other grounds.

Commonwealth v. Cox, PICS Case No. 15-0735 (Pa. Super. April 29, 2015) Ford Elliott, J. (17 pages).

The trial court erred in admitting evidence of defendant's prior bad act for the purpose of establishing motive in this case as there was no "logical connection" between defendant's prior act and the crime at issue. Vacated and remanded.

Schaffer v. York Cnty. Sheriff's Dep't, PICS Case No. 15-0748 (Pa. Super. May 5, 2015) (memorandum) Bowes, J. (7 pages).

Trial court erred in ordering the reinstatement of appellee's right to obtain a firearms license because the child endangerment charge he faced for DUI with his four children in the car carried a maximum of five years imprisonment and appellee was thus prohibited by federal law from owning a firearm. Reversed.

Commonwealth v. Perzel, PICS Case No. 15-0736 (Pa. Super. May 4, 2015) Wecht, J. (7 pages).

The sentencing court did not err in ordering defendant to pay restitution to the commonwealth, as it was entitled to compensation under 18 Pa.C.S. §1106 as a direct victim of defendant's abuse of public funds and facilities. Affirmed.

Commonwealth v. Stultz, PICS Case No. 15-0430 (Pa. Super. April 28, 2015) Bowes, J. (36 pages).

The trial court properly denied defendant relief under the PCRA as his argument that the trial court lacked subject matter because the 1968 Pennsylvania Constitution contained no savings clause lacked merit. Affirmed.

Richman v. Perelman, PICS Case No. 15-0706 (Pa. Super. April 21, 2015) (memorandum) Platt, J. (20 pages).

Venue was improper in Philadelphia County in appellant's conversion/breach of fiduciary duty action against appellee, his business partner, where appellee was a resident of and maintained his principal place of business in York County, and appellant's and appellee's corporation only maintained a P.O. box and, intermittently, temporary office space in Philadelphia. Order of the trial court affirmed.

Lehman Bros. Holdings v. Gateway Funding Diversified Mtge. Serv., PICS Case No. 15-0769 (3d Cir. May 7, 2015) Hardiman, J. (12 pages).

An appellant who violates Rule 10 of the Federal Rules of Appellate Procedure, which requires that counsel include a transcript in the appellate record, can forfeit its claims. Appeal dismissed.

Templin v. Independence Blue Cross PIC Case No. 15-0770 (3rd Cir. May 8, 2015) Nyaagard, J. (15 pages).

The catalyst theory of recovery of attorney fees is available under ERISA and judicial action is not required to establish "some degree of success" on the merits. Order denying fees and costs reversed and matter remanded.

FTC v. Abbvie Inc., PICS Case No. 15-0768 (E.D. Pa., May 6, 2015) Bartle, J. (20 pages).

A patentee that does not make any payment, reverse or otherwise, to a claimed patent infringer may not violate antitrust laws. Motion to dismiss granted in part.

U.S. v. Gersh, PICS Case No. 15-0771 (E.D. Pa. May 5, 2015) Diamond, J. (7 pages).

A "mistake-of age" defense is not available to rebut a charge of production of child pornography under 18 U.S.C. §2251(a). Motion to exclude evidence granted and motions under F.R.E. 412 to introduce and exclude minor victims' alleged prostitution and jobs as strippers were denied without prejudice subject to further briefing.

Arlington Indus. v. Bridgeport Fittings, PICS Case No. 15-0767 (M.D. Pa., May 7, 2015) Conner, J. (30 pages).

Collateral estoppel bars the re-litigation of an issue that was conclusively decided in a prior adjudication and that was essential to the original judgment. Lost profits of $1.05 million granted based on collateral estoppel in patent dispute about electrical conduit "snap-in" devices.

Kennedy v. Consol Energy, Inc., PICS Case No. 15-0704 (Pa. Super. April 22, 2015) Bowes, J. (27 pages).

Since a deed reservation did not expressly include coalbed methane gas, but only expressly reserved oil and gas and the right to drill for natural gas, the grantor did not retain any right to coalbed methane gas. Order of the trial court affirmed.

Commonwealth v. Montalvo, PICS Case No. 15-0699 (Pa. April 27, 2015) Todd, J. (18 pages).

There were no findings of fact, determinations of credibility or legal conclusions regarding defendant's PCRA claims as a result of the PCRA court's deficient opinion and, thus, the court could not conduct meaningful appellate review. Remanded.

In re Nomination Petition of Beyer, PICS Case No. 15-0703 (Pa. April 28, 2015) Stevens, J; Baer, J., dissenting (17 pages).

A candidate could not amend his nomination petition where his listing of his occupation as "lawyer" was a material defect incapable of amendment because candidate had actual knowledge of the term's ability to mislead electors. Order of the Commonwealth Court vacated.

Chamberlain v. Unemployment Comp. Bd. of Review, PICS Case No. 15-0696 (Pa. April 27, 2015) Baer, J.; Stevens, J., dissenting (29 pages).

The Commonwealth Court properly found that §402.6 of the UC Law did not disqualify claimant from receiving unemployment compensation benefits while he served a sentence of house arrest. Affirmed.

Liberty Mut. Ins. Co. v. Domtar Paper Co., PICS Case No. 15-0705 (Pa. April 27, 2015) Baer, J.; Saylor, C.J., dissenting (22 pages).

Section 319 of the Workers' Compensation Act did not permit an employer or its insurer a right of subrogation against a third-party tortfeasor where the injured employee had taken no action against the tortfeasor or assign his cause of action to his employer or its insurer and the employer/insurer did not bring its action in the name of the employee. Order of the trial court affirmed.

Silversword Capital Inv., LLC v. Wilde, PICS Case No. 15-0708 (Pa. Super. April 22, 2015) (memorandum) Ott, J. (19 pages).

Trial court did not err in denying petition to strike or open a confessed judgement because the terms of the guaranty authorized the amount of the judgment confessed, the cognovit clause specifically referenced in the note modification agreement was sufficient to establish the parties' intent that it continue in effect, the agreement provide for a 10 percent attorney's commission and appellant's defenses were directed against his partner, not the holder of the note and guaranty. Affirmed.

Commonwealth v. Ngyuen, PICS Case No. 15-0700 (Pa. Super. April 27, 2015) Shogan, J. (21 pages).

Where police re-engaged the driver of a speeding vehicle after completing a traffic stop, the second interaction with the driver constituted a seizure, which was not supported by a reasonable suspicion of criminal activity. Vacated and remanded.

Johnson v. City of Phila., PICS Case No. 15-0724 (E.D. Pa., April 30, 2015) Yohn, J. (13 pages).

It is unreasonable for an officer to use deadly force against a suspect, unless the officer has good reason to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Defendants' motion for summary judgment granted.

Mullen v. Chester Cnty. Hosp., PICS Case No. 15-0726 (E.D. Pa. April 30, 2015) Rice, J. (22 pages).

A request to allow an illegal act cannot qualify as a request for a reasonable accommodation, but sufficient evidence was produced to support reasonable jury determinations that defendant's justification for firing plaintiff was pretextual. Motion for summary judgment granted and denied in part.

Salmela v. Colvin, PICS Case No. 15-0727 (E.D. Pa. April 30, 2015) Pratter, J. (12 pages).

A remand was required where the ALJ denied a claim for disability insurance benefits and supplemental security income based on the opinion of a vocational expert but failed to adequately question the expert regarding claimant's limitations. Magistrate judge's report and recommendations approved and adopted in part and denied in part and matter remanded.

Jamal v. Kane, PICS Case No. 15-0723 (M.D. Pa., April 28, 2015) Conner, J. (26 pages).

A statute that bars "an offender" from engaging in expressive conduct that causes mental anguish to victims of crime can violate the First Amendment. Enforcement of statute permanently enjoined.

Locklear v. Sun Life Assurance Co. of Canada, PICS Case No. 15-0725 (M.D. Pa., May 1, 2015) Brann, J. (19 pages).

Absent the possibility that they may result in death or incarceration, traffic violations do not constitute "crimes" for purposes of an exclusion in an accidental death policy. Plan administrator's decision to deny benefits reversed.

Commonwealth v. Haynes, PICS Case No. 15-0697 (Pa. Super. April 22, 2015) Bowes, J. (36 pages).

The trial court did not err in denying defendant's motion to suppress evidence in this drug-related case, where police did not create exigent circumstances so as to justify their warrantless search of an apartment involved in a drug ring. Vacated and remanded for resentencing.

Estate of Denmark v. Williams, PICS Case No. 15-0701 (Pa. Super. April 28, 2015) Donohue, J. (16 pages).

Plaintiff/appellant sufficiently pleaded vicarious liability where he set forth the material allegations of negligence and identified the types of employees and agents that performed services in connection with the negligent care. Order of the trial court reversed in part.

Commonwealth v. Lynn, PICS Case No. 15-0698 (Pa. April 27, 2015) Baer, J.; Saylor, C.J., dissenting (65 pages).

The Superior Court erred in holding that the endangering the welfare of a child statute, as it existed in 1995, required evidence that defendant, a high-ranking priest in the Archdiocese of Philadelphia, had direct supervision over children allegedly molested by a priest under defendant's authority. Reversed and remanded.

Glencannon Homes Ass'n, Inc. v. N. Strabane Twp., PICS Case No. 15-0702 (Pa. Commw. April 22, 2015) McCullough, J. (36 pages).

The court ruled that the trial court properly molded the verdict to the statutory cap of $500,000 pursuant to the PSTCA since it contained no explicit exception for liability under the SWMA. Order of the trial court affirmed.

Wiggins v. Phila. Bd. of Pensions and Retirement, PICS Case No. 15-0710 (Pa. Commw. April 22, 2015) Leavitt, J. (17 pages).

Trial court erred in affirming a pension forfeiture because the board of pensions violated police officer's due process rights by failing to give the requisite notice and opportunity to be heard. Vacated and remanded.

Fraternal Order of Transit Police v. S.E. Pa. Transit Auth., PICS Case No. 15-0709 (Pa. Commw. April 28, 2015) Leadbetter, J. (10 pages).

Trial court properly upheld arbitrator's grievance award granting relief to three named officers for SEPTA's failure to accurately keep records of and pay for CBA-required sick leave and denying union's requested global relief to all members of the union because the award was rationally derived from the terms of the CBA. Affirmed.

Armstead v. Zoning Bd. of Adjustment, PICS Case No. 15-0711 (Pa. Commw. April 23, 2015) Cohn Jubelirer, J. (31 pages).

Objectors had no standing to challenge a variance allowing a museum sign to change from manual to digital because none of the objectors were adjoining property owners and objector organization had no standing greater than the abstract interest of all citizens and the Home Rule Act foreclosed standing under a private attorney general theory. Affirmed.

Quality Carriers Inc. v. ECM Energy Servs. Inc., PICS Case No. 15-0717 (C.P. Lycoming March 30, 2015) Anderson, J. (6 pages).

Absent specific language in the indemnification clause of the parties' agreement providing that defendant was expressly agreeing to be liable for injury to its own employees caused by plaintiff's negligence, defendant had no duty to defend and indemnify plaintiff in the underlying personal injury action filed by defendant's employee against plaintiff. Defendant's motion for summary judgment granted.

Wells Fargo Bank, N.A. v. Miceli, PICS Case No. 15-0715 (C.P. Carbon Dec. 29, 2014) Nanovic, P.J. (24 pages).

Plaintiff's alleged non-compliance with HAMP guidelines did not provide defendant with a private cause of action against plaintiff in a mortgage foreclosure action.

Deutsche Bank Nat'l Trust Co. v. Gardner, PICS Case No. 15-0718 (C.P. Philadelphia March 26, 2015) Djerassi, J. (12 pages).

Failure to provide proper form providing unambiguous notice of rescission rights in connection with a mortgage refinance was an affirmative defense that prevented foreclosure and borrower was entitled to rescind the refinance loan, although not the original loan. Judgment should be affirmed.

Commonwealth v. Kiess, PICS Case No. 15-0719 (C.P. Lycoming April 1, 2015) Lovecchio, J. (8 pages).

HGN and PBT results could not be used as evidence at trial in this boating under the influence prosecution, but those results could be used to establish probable cause. Defendant's preliminary objections granted in part, denied in part.

Commonwealth v. Girardi, PICS Case No. 15-0720 (C.P. Lycoming April 1, 2015) Lovecchio, J. (6 pages).

After considering the factors relevant to determining the competency of a child witness, the court determined that C.R., seven years old at the time of the alleged sexual assaults, was competent to testify.

S.S. v. B.S., PICS Case No. 15-0716 (C.P. Northampton March 23, 2015) Koury, J. (32 pages).

Because plaintiff fled domestic violence and was unable to work legally in the United States, the court properly declined to impute income to her in the calculation of child support.

Blackshear v. Blackshear, PICS Case No. 15-0714 (C.P. Lawrence March 17, 2015) Hodge, J. (20 pages).

Because the parties' child was enjoying a positive lifestyle with her father and siblings and doing well in school, the court modified the consent custody order and awarded primary physical custody to father.

Hortsman v. Hortsman, PICS Case No. 15-0713 (C.P. Monroe Feb. 5, 2015) Williamson, J. (6 pages).

The preliminary objection to the legal insufficiency of plaintiff's replevin claim relating to a computer given to her as a gift by her husband was sustained where the computer was marital property.

Boyds LP v. To, PICS Case No. 15-0721 (C.P. Philadelphia Jan. 14, 2015) Glazer, J. (5 pages).

Because plaintiff failed to show how the requested preliminary injunction would abate the alleged misappropriation of trade secrets where the information had been returned and greater injury would result from granting the injunction than denying it, plaintiff failed to satisfy its burden for injunctive relief. Plaintiff's petition for injunctive relief denied.

Amato v. Bell & Gossett, PICS Case No. 15-0653 (Pa. Super. April 17, 2015) Lazarus, J. (36 pages).

Where defendant's theory in these asbestos-related cases was that its product was not unreasonably dangerous, defendant was not entitled to a "state-of-the-art" jury instruction as to the foreseeability of the risks or reasonableness of its conduct in warning about its product. Affirmed.

Gallo v. Conemaugh Health Sys., Inc., PICS Case No. 15-0659 (Pa. Super. April 17, 2015) Strassburger, J. (14 pages).

The court ruled that appellant's specific factual denials in his answer to appellee's complaint did not constitute an offering of testimony or evidence that would result in an implied waiver of appellant's privilege from disclosure of his drug and alcohol treatment records. Order of the trial court reversed.

In re Application of Clader, PICS Case No. 15-0660 (Pa. Super. April 20, 2015) Ott, J. (15 pages).

A school police officer could be issued a private detective license because his law enforcement authority was limited solely to matters occurring on school district property. Order of the trial court affirmed.