Pennsylvania Estoppel Law

Diamond Ketchens v. Verizon Pennsylvania, LLC

Philadelphia, Pennsylvania consumer law lawyers represented Plaintiff, who sued Defendant on Fair Credit Reporting Act violation theory.<br> <br> <br> On January 21, 2022, Ms. Ketchens filed a complaint against Verizon alleging that someone stole her identity and used her personal information to open a Verizon phone account. She claims that Verizon violated the Fair Credit Reporting Act by permitt... More...

$0 (05-20-2022 - PA)
In re: MCGRAW-HILL GLOBAL EDUCATION HOLDINGS LLC

<center><br> <img width="300" src="http://www.paed.uscourts.gov/graphics/active/ByrneSmall.jpg"><br> </center><br> These consolidated mandamus petitions require us to decide whether two professional photographers bringing separate copyright infringement actions are bound by a forum selection clause in contracts they did not<br> 4<br> sign. We conclude that the photographers are not bound because t... More...

$0 (11-23-2018 - PA)
Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.<br> 2017), we declined to imply a Bivens cause of action against<br> airport screeners employed by the Transportation Security<br> Administration (TSA) in part because they “typically are not<br> law enforcement officers and do not act as such.” Id. at 208.<br> We now must decide a related question that we anticipated, but<br> did not resol... More...

$0 (07-13-2018 - PA)
Jaime Gonzalez v. Owens Corning

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certificatio... More...

$0 (03-22-2018 - PA)
Joan Kedra v. Richard Schroeter

This case arises from the grievous death of State<br> Trooper David Kedra, who was shot and killed by his<br> instructor, then-Corporal Richard Schroeter, during a routine<br> firearms training. Although a long-term veteran of the police<br> force and specifically certified in the safe use of firearms,<br> ** Honorable Michael J. Melloy, Senior Circuit Judge,<br> United States Court of Appeals for... More...

$0 (12-03-2017 - PA)
Grayson Hare, Jr. v. Shirley Simpson

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees consp... More...

$0 (08-08-2015 - PA)
Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an i... More...

$0 (08-08-2015 - PA)
Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.<br> I.<br> Because the District Court d... More...

$0 (08-05-2015 - PA)
Rene Montes Mayorga v. Attorney General of the United States

This case gives this court another opportunity to analyze the meaning of a Crime Involving Moral Turpitude ("CIMT”), a provision of the Immigration and Nationality Act ("INA”), INA § 212(a)(2)(A)(i)(I); 8 U.S.C § 1182(a)(2)(A)(i)(I).2 Before we reach that issue, we must decide whether the Immigration Judge ("IJ”), as affirmed by<br><br>1 The attorneys for petitioner have be... More...

$0 (06-27-2014 - PA)
Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif's 42 U.S.C. § 1983 excessive force claim. On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif's prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his § 19... More...

$0 (01-23-2014 - PA)
Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif's 42 U.S.C. § 1983 excessive force claim.<br><br>On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif's prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his ... More...

$0 (01-21-2014 - PA)
Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 ("CAFA”). Erie Insurance Exchange ("Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. ("Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fe... More...

$0 (06-28-2013 - PA)
In Re: Berry L. Michael

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 truste... More...

$0 (10-26-2012 - PA)
Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post ("Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company ("Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now... More...

$0 (07-31-2012 - PA)
Lic Canot v. City of Easton

Lic and Kemely Canot (Canots) appeal from an order of the Court of Common Pleas of Northampton County (trial court), dated March 10, 2011. The trial court granted the City of Easton's (City) motion for summary judgment and denied the Canots' motion for partial summary judgment, determining that the City was entitled to immunity from civil liability pursuant to the exclusivity provisions of the Wor... More...

$0 (02-09-2012 - PA)
James D. Meyer v. CUNA Mutual Insurance Society

Appellee and Cross-Appellant James Meyer ("Plaintiff” or "Meyer”), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group ("CUNA”) in connection with the financing by the URE Federal Credit Union (the "credit union”) of an automobile Meyer purchased. The policy would make the car loan payment on ... More...

$0 (05-26-2011 - PA)
Adnrew A. Lang, Jr. v. Commonwealth of Pennsylvania Department of Transportation

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation's (DOT) preliminary objections to Lang's petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT's filing of a declaration of taking.<br><br>Lan... More...

$0 (02-18-2011 - PA)
Robert T. Miller v. American Airlines, Inc.

Robert T. Miller filed suit against American Airlines, Inc., the American Airlines, Inc. Pilot Retirement Benefit Program Fixed Income Plan, and the American Airlines, Inc. Pension Benefits Administration Committee (collectively, "American”), alleging a violation of § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). Miller asserted... More...

$0 (01-25-2011 - PA)
Richard Shook v. Avaya, Inc.

Richard and Karen Shook, husband and wife, filed suit against Avaya, Inc., Richard"s former employer, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1104 and 1132. The Shooks contended that Avaya breached its fiduciary duty owed to them as participant and beneficiary under the Avaya Pension Plan through a series of misleading letters regardi... More...

$0 (11-02-2010 - PA)
American and Foreign Insurance Company v. Jerry's Sport Center, Inc.

The issue in this case is whether, following a court's declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm, holding ... More...

$0 (08-17-2010 - PA)
Emmitt Grier, Jr. v. Superintendent Edward J. Klem

Appellant-Plaintiff Emmitt Grier, Jr. ("Grier”) appeals from the District Court's decision granting Appellee- Defendants Erie County District Attorney's ("District Attorney”) and Superintendent Edward Klem's motion to dismiss his § 1983 claim, determining it is barred by the Heck rule.1 For the following reasons, this Court will vacate the District Court's order and remand for furth... More...

$0 (01-13-2010 - PA)
Eugene Cobbs v. Septa, David Abell, John Bleiler, and Susan Flower-Griffin

¶ 1 Eugene Cobbs ("Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority ("SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, "Appellees”). Finding no error by the trial court, we affirm.<br><br>¶ 2 The trial court aptly summarized the factual and... More...

$0 (11-18-2009 - PA)
Amanda E. Pusl v. Matthew J. Means and G & J Welding & Machine Company

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.<br><br>¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe... More...

$0 (09-23-2009 - PA)
Nationwide Mutual Fire Insurance Company v. George V. Hamilton, Inc.

Nationwide Mutual Fire Insurance Company ("Nationwide”)1 appeals the order of the United States District Court for the Western District of Pennsylvania granting appellee George V. Hamilton, Inc. ("Hamilton”) summary judgment and dismissing Nationwide's motion to compel arbitration.<br> <br> Nationwide challenges the District Court's determination that it was collaterally estopped from ... More...

$0 (07-06-2009 - PA)
Northslope III Owners Association v. Richard J. Harley

Richard J. Harley (Harley) appeals from an order of the Court of Common Pleas of Monroe County (trial court) denying his motion for post-trial relief and ordering him to pay Northslope III Owners Association (Association) $13,337.63 in dues and assessments. The Association has filed a cross-appeal from the trial court's order denying its post-trial motion and ordering Harley to pay only a portion ... More...

$0 (05-05-2009 - PA)
Riverwatch Condominiums Owners Association v. Restoration Development Corporation, et al.

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration's title to a disputed two-acre parcel of property, and Restoration's right of access to that two-acre parcel across a portion of the Association's prop... More...

$0 (05-29-2009 - PA)
Allstate Settlement Corporations v. Rapid Settlements, Ltd.; Andino Ward

State legislation requires court approval of the transfer of future periodic payments provided by a structured settlement of a personal injury claim. In this case, a factoring company sought to evade that requirement by the use of arbitration after a state court refused to approve a lump sum payment in exchange for the rights to future installments. The District Court criticized the factoring comp... More...

$0 (03-19-2009 - PA)
Grady Jordan v. The Western Pennsylvania Hospital, d/b/a West Penn Hospital

The Department of Public Welfare (the Department) appeals an order of the Court of Common Pleas of Allegheny County (trial court) that overruled the Department's objections to the trial court's approval of a settlement of a tort action brought by the parents of Grady Jordan, a minor, on his behalf, seeking damages for injuries he suffered as a result of alleged medical malpractice at the time of h... More...

$0 (11-10-2008 - PA)
The Law Office of Douglas T. Harris and Douglas T. Harris, Esq. v. Philadelphia Waterfront Partners, LP and charles L. Kamps III and Scott A. Blow and Patrick T. Hamley and Todd Kamps

¶ 1 At 2872 EDA 2007, Philadelphia Waterfront Partners, LP (PWP), Charles L. Kamps III, Scott A. Blow, Patrick T. Hanley, and Todd Kamps appeal from the October 22, 2007, Order granting The Law Office of Douglas T. Harris, Esquire and Douglas T. Harris, Esquire's motion to compel and directing production of aforementioned appellants' Blow and Hanley's broken computers for discovery. At 2873 EDA 2... More...

$0 (09-22-2008 - PA)
Vineland Fireworks Co., Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives

Vineland Fireworks Co., Inc. ("Vineland”) appeals the decision of the Acting Director ("Director”) of the Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF”) to revoke its license to manufacture fireworks and to deny its application for the renewal of its license to import fireworks. The Director found that Vineland's failure to keep records of its daily summary of magazine... More...

$0 (10-10-2008 - PA)
Soverign Bank v. BJ's Wholesale Club, Inc.; Fifth Third Bancorp

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer's computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.<br><br>I. BACKGROUND These consolidated appeals involve two law suits that arose from the ... More...

$0 (08-04-2008 - PA)
Kehm Oil Company, et al. v. Texaco, Inc., et al.

Kehm Oil and Golden Oil (collectively, "Kehm”), owned by George Kehm, were dealers of Texaco-branded gasoline in Western Pennsylvania for 44 years, owning 28 Texaco gas stations by the end of the relationship. Over that period of time, Kehm entered into franchise agreements with various distinct Texacoowned entities, including Motiva Enterprises, LLC ("Motiva”).<br><br>Motiva, which wa... More...

$0 (08-03-2008 - PA)
LSI Title Agency, Inc. v. Evaluation Services, Inc.

1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender's Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI'... More...

$0 (06-06-2008 - PA)
Karl E. Gary, et al. v. The Braddock Cemetery, et al.

Karl E. Gary, and other owners of burial plots in Braddock Cemetery (collectively, "Plaintiffs"), appeal the district court's dismissal of the action they brought under 42 U.S.C. § 1983 against Braddock Cemetery, Consol Energy, and Consol Pennsylvania Coal Company (collectively, "Defendants"). The district court dismissed that suit after concluding that it lacked subject matter jurisdiction... More...

$0 (02-06-2008 - PA)
<a href="http://www.ca3.uscourts.gov/opinarch/043773p.pdf" target="_new">Joe A. Hooven, et al. v. Exxon Mobile Corporation, et al.</a>

<P> This case arises out of a dispute over whether employees divested in connection with the merger between Mobil Corporation and Exxon Corporation are entitled to severance benefits. In preparation for the merger, Mobil implemented an Enhanced Change-in-Control Retention / Severance Plan (the "CIC Plan"). <P> Plaintiffs Joe A. Hooven, et al., are former Mobil Corporation employees whose ... More...

$0 (10-25-2006 - PA)
<a href="http://www.courts.state.pa.us/OpPosting/CWealth/out/1137CD01.doc" target="_new">Eugene Harsh, et al. v. Frederick W. Petroll, General Motors Corporation, etc.</a>

<P>General Motors Corporation (GM) and Frederick W. Petroll, HAC Farm Lines Agricultural Cooperative Association and Cyned Transport Corporation (collectively, Petroll Defendants) appeal from an order of the Honorable Lawrence F. Stengel of the Court of Common Pleas of Lancaster County (trial court) denying their post-trial motions and affirming the judgment imposing damages between them for their... More...

$8000000 (12-12-2003 - PA)
<a href="http://www.ca3.uscourts.gov/opinarch/023752p.pdf" target="_new">Ralph B. Detz v. Greiner Industries, Inc.</a>

<P>Ralph Detz lost his job with Greiner Industries on November 26, 1997. Detz subsequently convinced the Social Security Administration ("SSA") that, as of the date of his termination by Greiner, he was "disabled" and "unable to work." Detz was awarded Social Security Disability Insurance ("SSDI"), and he continues to collect those benefits. In 2001 Detz brought an action against Greiner al... More...

$0 (10-14-2003 - PA)
<a href="http://www.ca3.uscourts.gov/013027u.pdf" target="_new">Adams Parking Garage, Inc., et al. v. City of Scranton, et al.</a>

In 1989, Scranton Life sold certain properties, including the Garage, to the City of Scranton (the "City") in lieu of condemnation. The sales agreement included a lease provision, whereby the City, upon purchasing the Garage from Scranton Life, would lease the Garage back to Adams Parking, apparently so that Scranton Life could ensure parking for its tenants. The lease provided an init... More...

$0 (03-28-2002 - PA)
<a href="http://www.ca3.uscourts.gov/opinions/004116mo.txt" target="_new">Robert Bresko v. Robert John, et al.</a>

Robert Bresko was charged in a Pennsylvania state court with ten violations of the Pennsylvania Crimes Code arising from the alleged rape of Desiree Burns, the woman with whom he cohabited. Based on information provided by Burns to Detective Robert John of the Shamokin Police Department, Detective John filed a probable cause affidavit and a criminal complaint in the District Justice Court of ... More...

$0 (03-12-2002 - PA)
<a href="http://www.courts.state.pa.us/OpPosting/superior/out/a49010_00.pdf" target="_new">George A. Spisak v. Margolis Edelstein</a>

1 Following a successful trial in which George A. Spisak, Jr., alleged the bad faith of his employer&#8217;s insurance company in handling his work-related claim, Spisak sued the law firm which defended the insurance company, asserting that his damage award was less than it would have been but for the firm&#8217;s improper redaction of certain documents produced during discovery. The trial c... More...

$0 (02-08-2001 - PA)