| DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC and THE SPORTSMAN’S GUIDE No. 2, 109, 112 and 113 WDA 2010 2010 PA Super 176 Atlantic: n/a Filed: 9/21/2010 | |
| Appeal from the Order entered December 14, 2009, Court of Common Pleas, Butler County, Civil Division at No. AD 06-11440 | |
| Before: STEVENS, DONOHUE and OTT, JJ. | |
| Opinion by: DONOHUE, J. | |
| Duane Reott (“Mr. Reott”) and Patty Reott (“Mrs. Reott”) (collectively, “the Reotts”) appeal from the order entered on December 14, 2009, denying their motion for post-trial relief filed following a jury verdict in favor of the defendants, Asia Trend, Inc., Remington Arms Company and RA Brands, and The Sportsman’s Guide (collectively, “Appellees”). After careful review, we reverse and remand for a new trial limited to damages. | |
Showing posts with label JNOV. Show all posts
Showing posts with label JNOV. Show all posts
Tuesday, September 21, 2010
DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.)
Labels:
Civil,
Donohue,
JNOV,
manufacturing defect,
negligence,
Ott,
Stevens
Thursday, September 9, 2010
ALBERT LOCKLEY v. CSX TRANSPORTATION INC.
| ALBERT LOCKLEY v. CSX TRANSPORTATION INC. No. 1292 EDA 2009 2010 PA Super 167 Atlantic: n/a Filed: 9/13/2010 | |
| Appeal from the Judgment entered March 30, 2009, in Court of Common Pleas, Philadelphia County, Civil, at No. 003999, July Term 2006 | |
| Before: ALLEN, LAZARUS, and FREEDBERG, JJ. | |
| Opinion by: ALLEN, J. | |
| Dissenting Opinion by: FREEDBERG, J. | |
| CSX Transportation Inc. (“Appellant”) appeals from the judgment entered in favor of Albert Lockley (“Plaintiff”) following a jury trial. We affirm. | |
Labels:
Allen,
Civil,
Freedberg,
harmless error,
JNOV,
Lazarus,
striking juror
Thursday, December 31, 2009
MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC.
| MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL APPEAL OF: PHARMACIA & UPJOHN COMPANY, LLC (at2673) No. 2620 and 2673 EDA 2007 2009 PA Super 263 Atlantic: n/a Filed: 12/31/2009 | |
| Appeal from the Order Dated September 7, 2007, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. June Term, 2004, No. 4229. | |
| Before: ORIE MELVIN, BOWES, and DONOhttp://www.blogger.com/post-create.g?blogID=725292761438552781HUE, JJ. | |
| Opinion by: BOWES, J. | |
| This is an appeal by plaintiff-wife, Merle Simon, a New Jersey resident, and a cross-appeal by defendant Pharmacia & Upjohn Company, LLC (“Upjohn”), a pharmaceutical company headquartered in New Jersey. For the reasons that follow, we reverse the trial court’s grant of judgment notwithstanding the verdict and remand to the trial court for consideration of Upjohn’s motion for a new trial. | |
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Labels:
Bowes,
Civil,
Donohue,
JNOV,
Orie Melvin,
warning label
Thursday, December 17, 2009
THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.
| THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC. No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009 | |
| Appeal from the Judgment entered November 19, 2008 In the Court of Common Pleas of Philadelphia County Civil Division, May Term, No. 1366 | |
| Before: FREEDBERG, CLELAND and KELLY, JJ. | |
| Opinion by: KELLY, J. | |
| This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm. | |
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Friday, October 23, 2009
NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION
| NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION AND THOMAS LINDSTROM & CO., INC. AND JEFFREY M. BROWN & ASSOCIATES No. 2221 EDA 2006 2009 PA Super 206 Atlantic: n/a Filed: 10/23/2009 | |
| Appeal from the Judgments July 26, 2006 and July 28, 2006 In the Court of Common Pleas of Philadelphia County Civil, May Term, 2004, No. 2886 | |
| Before: KLEIN, GANTMAN, AND KELLY, JJ. | |
| Opinion by: GANTMAN, J. | |
| Appellant, Nancy Braun, as guardian of the person and estate of her husband John Braun (“Mr. Braun”), and in her own right, appeals from the judgments entered in the Philadelphia Court of Common Pleas following the denial of her post-trial motions for removal of the compulsory nonsuit entered in favor of Appellee, Jeffery M. Brown & Associates (“JMB”), for judgment notwithstanding the verdict (“JNOV”) in favor of Appellee, Target Corporation (“Target”) and/or a new trial against both Target and JMB. We affirm. | |
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Labels:
Civil,
Gantman,
in liminie,
JNOV,
Kelly,
Klein,
safety standards,
Worker's Comp
Tuesday, September 22, 2009
WALNUT STREET ASSOCIATES, INC. v. BROKERAGE CONCEPTS, INC. and KIMBERLY MACRONE APPEAL OF: BROKERAGE CONCEPTS, INC.
| WALNUT STREET ASSOCIATES, INC. v. BROKERAGE CONCEPTS, INC. and KIMBERLY MACRONE APPEAL OF: BROKERAGE CONCEPTS, INC. No. 3015 EDA 2007 2009 PA Super 191 Atlantic: 982 A.2d 94 Filed: 9/22/2009 | |
| Appeal from the Order entered October 31, 2007, Court of Common Pleas, Philadelphia County, Civil Division at August Term, 2005 No. 002626 | |
| Before: ORIE MELVIN, BOWES and DONOHUE, JJ. | |
| Opinion by: DONOHUE, J. | |
| Appellant, Brokerage Concepts, Inc. (“BCI”), appeals from the October 31, 2007 order denying its post-trial motions for judgment notwithstanding the verdict or a new trial and entering judgment in favor of Appellee, Walnut Street Associates, Inc. (“Walnut Street”). After careful review, we conclude that in accordance with the Restatement (Second) of Torts § 772(a), true statements may not be the basis for a claim of intentional interference with contractual relationships. Accordingly, we reverse and remand for entry of judgment notwithstanding the verdict in favor of BCI. | |
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Labels:
Bowes,
breach of contract,
Civil,
Donohue,
JNOV,
Orie Melvin
Monday, April 27, 2009
Superior Court - LOUIS and ALISON WALKER, Individually and as husband and wife, v. DREXEL UNIVERSITY
| LOUIS and ALISON WALKER, Individually and as husband and wife, v. DREXEL UNIVERSITY No. 3353 EDA 2007 2009 PA Super 80 Atlantic: 971 A.2d 521 Filed: 4/27/2009 | |
| Appeal form the Judgment Entered November 19, 2007 In the Court of Common Pleas of Philadelphia County Civil at No(s): October Term, 2005 No. 004355 | |
| Before: BOWES, PANELLA, JJ., and McEWEN, P.J.E. | |
| Opinion by: PANELLA, J. | |
| Appellant, Drexel University (“Drexel”), appeals from the judgment entered on November 19, 2007, by the Honorable Matthew D. Carrafiello, Court of Common Pleas of Philadelphia County, following the denial of Drexel’s motion for judgment notwithstanding the verdict (JNOV). After careful review, we affirm. | |
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Wednesday, April 1, 2009
Superior Court - MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, THOMAS FREITAG AND LAWRENCE M. LEVIN APPEAL OF:
| MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, THOMAS FREITAG AND LAWRENCE M. LEVIN APPEAL OF: TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, THOMAS FREITAG, IN HIS OFFICIAL AND PERSONAL CAPACITY AND LAWRENCE M. LEVIN, IN HIS OFFICIAL AND PERSONAL CAPACITIES No. 125 and 307 EDA 2008 2009 PA Super 58 Atlantic: 969 A.2d 601 Filed: 4/1/2009 | |
| Appeal from the Order Entered December 13, 2007 In the Court of Common Pleas of Philadelphia County Civil Division at No. No. 00702 September Term, 2005 | |
| Before: BENDER, PANELLA and KELLY, JJ. | |
| Opinion by: BENDER, J. | |
| The Trustees of the University of Pennsylvania, Marjorie Jeffcoat, in her Individual and Official Capacities, Thomas Freitag, in his Official and Personal Capacities, and Lawrence M. Levin, in his Official and Personal Capacities (collectively “Penn”), appeal the judgment entered in favor of Mark L. Helpin (Dr. Helpin) on his claims of breach of contract and constructive discharge after removal from his position as director of the pediatric dental clinic operated by the University at the Children’s Hospital of Philadelphia (CHOP). Dr. Helpin cross-appeals, contending that the trial court erred in declining to award pre-judgment interest on the award in question, some $4,040,000. Following careful considerations of the parties’ respective arguments, we find that neither demonstrated reversible error. Accordingly, we affirm the judgment of the trial court. | |
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Labels:
Bender,
breach of contract,
Civil,
Damages,
JNOV,
Kelly,
Panella,
rules of appellate procedure
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