Pennsylvania Eminent Domain Law
 

United States of America v. Yuriy Sergeyevich Andrienko, et al.

Pittsburgh, Pennsylvania conspiracy, wire fraud, identity theft, damage to computers criminal defense lawyers.

On Oct. 15, 2020, a federal grand jury in Pittsburgh returned an indictment charging six computer hackers, all of whom were residents and nationals of the Russian Federation (Russia) and officers in Unit 74455 of the Russian Main Intelligence Directorate (GRU), a military intelli... More...
   $0 (10-19-2020 - PA)

United States of America v. Vaughn Simon

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Philadelphia, PA - The United States of America charged Vaughn Simon with mail fraud, wire fr... More...
   $0 (04-03-2020 - PA)

USA v. Chaka Fattah, Sr., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN



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   $0 (01-22-2019 - PA)

UNITED STATES OF AMERICA v. RAYMONT WRIGHT




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In December 2014, Wright was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He pleade... More...
   $0 (01-22-2019 - PA)

United States of America v. Raymont Wright





The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright with prejudice after two juries failed to reach a verdict. The Court did so relying on its inherent authority, but without find... More...
   $0 (01-18-2019 - PA)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...    $0 (08-16-2018 - PA)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education

Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

TOBIAS BERMUDEZ CHAVEZ, et al., v. DOLE FOOD COMPANY, INC., et al.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
7
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl... More...
   $0 (08-11-2015 - PA)

United States of America v. Q2Administrators, LLC

Relator Thomas M. Zizic, M.D. (“Zizic”) filed this qui tam1

______________

1 The term “qui tam” is an abbreviation of the phrase “‘qui tam pro domino rege quam pro se ipso in hac parte sequitur,’ which means ‘who pursues this action on our Lord the King’s behalf as well as his own.’” United States ex rel. Atkinson v. Pa. Shipbuilding Co., 473 F.3d 506, 509 n.1 (... More...
   $0 (08-26-2013 - PA)

Robert Zimmerman v. Norfolk Southern Corporation

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral... More...    $0 (01-24-2013 - PA)

Bear Creek Township v. Joan H. Riebel

Joan H. Riebel, Harold J. Harris, and Brian W. Harris (Landowners) appeal an order of the Court of Common Pleas of Luzerne County (trial court) that overruled their key preliminary objection to Bear Creek Township‟s (Township) Declaration of Taking.2 The trial court held that the Township‟s taking of land for a charter school and a recreational area was authorized by The Second Class Township ... More...    $0 (02-13-2012 - PA)

Robert Chester v. Grane Healthcare

This matter comes before us on cross-appeals from the District Court’s ruling on a petition for interim injunctive relief sought by the National Labor Relations Board (“NLRB”) pursuant to § 10(j) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 160(j). For nearly forty years, since Eisenberg ex rel. N.L.R.B. v. Hartz Mountain Corp., 519 F.2d 138 (3d Cir. 1975), we have held t... More...    $0 (12-08-2011 - PA)

David Roth v. Norfalco, L.L.C.

David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (―HMTA‖), 49 U.S.C. Â... More...    $0 (06-28-2011 - 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.
<... More...
   $0 (02-18-2011 - PA)

Lower Makefield Township v. The Lands of Chester Dalgewicz

Lower Makefield Township (Township) appeals from the order of the Court of Common Pleas of Bucks County (trial court) which denied its motion for post trial relief following a jury verdict in this Eminent Domain case. The jury awarded the Dalgewicz family (Condemnees) $5,850,000 as just compensation for the taking of their 166-acre farm (Property) on December 6, 1996, for construction of a golf co... More...    $0 (09-01-2010 - PA)

Maryjo Miller v. Jeff Mitchell

In 2008, the District Attorney of Wyoming County in Pennsylvania presented teens suspected of “sexting” with a choice: either attend an education program designed by the District Attorney in conjunction with two other agencies or face felony child pornography charges. Plaintiffs brought suit to enjoin the District Attorney from bringing criminal charges in retaliation for their refusal to atte... More...    $0 (03-17-2010 - PA)

In Re: Condemnation of Property Located in Lower Windsor Twp, et al. ~ Appeal of: Lauxmont Holdings, LLC

Lauxmont Holdings, LLC (Lauxmont) appeals the October 2, 2008 order of the Court of Common Pleas of York County (trial court) denying a request to compel payment of interest on delay compensation paid on estimated just compensation (EJC) by the County of York (County). The issues before this Court include: 1) whether delay compensation is due at the same time as the EJC payment or at the time of t... More...    $0 (12-03-2009 - PA)

The McNaughton Properties, L.P. and Midpenn Estates v. Terry N. Barr and Quinn K. Barr

¶ 1 Appellants, The McNaughton Properties, LP, and MidPenn Estates (collectively “McNaughton”), appeal from the trial court’s order dated July 22, 2008 sustaining the preliminary objections of Appellees, Terry N. Barr and Quinn K Barr (collectively, the “Barrs”). This case raises an issue of first impression in Pennsylvania: whether a court may order the relocation of an express easemen... More...    $0 (09-01-2009 - PA)

Sally L. Moody, et al. v. Allegheny Valley Land Trust, et al.

In this appeal, we hold that as long as the requirements of Section 1247(d) of the National Trails System Act are met, a railroad right-of-way is “railbanked” regardless of whether the rail operator agrees to resuscitate service. Accordingly, we affirm the Superior Court’s decision below.

Railbanking is the preservation of an easement that was previously used as a rail thoroughfare by... More...
   $0 (07-30-2009 - PA)

Russell Bruesewitz v. Wyeth Inc. f/k/a Wyeth Laboratories, Wyeth-Ayerst Laboratories, Inc. Wyeth Lederle, Wyeth Lederle Vaccines and Lederle Laboratories

This appeal presents three questions related to the National Childhood Vaccine Injury Act: (1) whether the Act preempts all design defect claims against the manufacturer of a vaccine; (2) whether the plaintiffs demonstrated that the manufacturer failed to adequately warn the plaintiffs of the risks associated with the vaccine; and (3) whether the plaintiffs provided sufficient evidence of a manufa... More...    $0 (04-03-2009 - PA)

Allison Cooper v. Southeastern Pennsylvania Transportation Authority

At issue is whether the Southeastern Pennsylvania Transportation Authority (“SEPTA”) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA’s st... More...    $0 (11-26-2008 - PA)

John Facenda, Jr., etc. v. N.F.L. Films, Inc., The National Football League; N.F.L. Properties, LLC

John Facenda, a Philadelphia broadcasting legend, provided his voice to many productions of NFL Films, Inc. before his death in 1984. These well-known productions recounted tales of the National Football League with filmed highlights, background music, and Facenda’s commanding narration. More than two decades after Facenda’s death, NFL Films used small portions of his voice-over work in a cabl... More...    $0 (09-11-2008 - PA)

York County v. Peter Alecxih

York County, Pennsylvania sued real estate developer Peter Alecxih on an eminent domain theory to acquire certain rights, title and interests in a 79-acre tract of land upon which he planned to build 51 luxury homes. The County offered him $2 million, which he reject. He sought between $16 and $17 million in compensation for the condemnation and taking of his property. The land which was taken i... More...    $17250000 (07-29-2008 - PA)

York County v. Peter Alecxih, Jr.

York County, Pennsylvania sued Peter Alecxih, Jr. on an eminent domain theory to acquire certain rights, title and interests in and to property owned by Defendant in Lower Windson Township known as Highpoint Scenic Vista and Recreation Area. Alecxih planned to turn the area into a 51-lot luxury home development. He had obtained approvals and public water and sewer connections for the project and h... More...    $17250000 (07-17-2008 - PA)

Thomas A. McElwee & Son, Inc. and John McElwee v. Southeastern Pennsylvania Transportation Authority, A/K/A SEPTA

Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea... More...    $0 (06-02-2008 - PA)

Eugene Harsh, et al. v. Frederick W. Petroll, General Motors Corporation, etc.

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)

Strick Corp. v. Strickland

Trademark Infringement - James B. Strickland registered Internet domain strick.com after finding that Strickland.com was already taken. Stickland, an independent computer consultant and software developer, has been called "Strick" since boyhood, so he registered strick.com. Strick Corporation, a manufacturer of tractor-trailers, brought suit cla... More...    $0 (08-28-2001 - PA)

Waldron St. Brook Co. v. Pittsburgh

The Waldron Street Book Company, d/b/a Bradley's Book Cellar (Bradley's) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which sustained the preliminary objections filed by the City of Pittsburgh (City) and the Urban Redevelopment Authority of Pittsburgh (URA) in response to Bradley's petition under Section 502(e) of the Eminent Domain Code (Code), Act of ... More...    $0 (04-18-2001 - PA)

Shields v. Zuccarini

John Zuccarini appeals from the district court's grant of summary judgment and award of statutory damages and attorneys' fees in favor of Joseph Shields under the new Anticybersquatting Consumer Protection Act ("ACPA" or "Act"). In this case of first impression in this court interpreting the ACPA, we must decide whether the district court erred in determining that registering domain names t... More...    $0 (06-15-2001 - PA)

Joseph C. Shields, individually and t/a The Joe Cartoon Co. v. Zuccarini

Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d)

Plaintiff Joseph Shields, a graphic artist from Alto, Michigan, creates, exhibits, and markets cartoons under the name "Joe Cartoon" and "The Joe Cartoon Co." His creations incclude the popular "Frog Blender", "Micro-Gerbil", and "Live and Let Dive" animations. On June 12, 1997, Shields registered www.joecartoon.com as his World ... More...    $0 (03-22-2000 - PA)

Electronics Boutique v. John Zuccarini, individually and trading as Cupcake Patrol and/or Cupcake Party

Anticybersquattting Consumer Protection Act of 1999 claim by e-commerce company which claimed that Defendant intentionally registered five domain names that were confusing similar to Plaintiff's domain and created mousetrap sites where people wishing to visit Plaintiff's site were trapped into looking a numerous advertisements in their efforts to exit from Defendant's sites. Zuccarini earned inco... More...    $530000 (11-03-2000 - PA)

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