Attorney Michael J. Brooks's Legal Cases

Landlord or tenant

McCarthy v. Riddell 2260 EDA 2015

Apr 29, 2016

OUTCOME: Order Vacated and Remanded

Attorney Brooks appealed from Order granting the Petition to Open/Strike for untimely appeal and improper venue. Attorney Brooks successfully argued the Trial Court erred in ruling that the underlying ... appeal from Magistrate District Court to the Court of Common Pleas was untimely, in that the appropriate appeal period is 30 days and not 10 days as decided by the trial court. Attorney Brooks further successfully argued that venue in Bucks County is proper where Defendants waived any challenge to improper venue by failing to file preliminary objections.

Copyright infringement

Graphic Styles v. Raja Fashions Bespoke Tailors

Sep 11, 2014

OUTCOME: Court granted request for entry of default judgment in the amount of $300,000.

Attorney Brooks argued Defendants willfully infringed Plaintiff's cipyrights, seeking to recover the statutory maximum award of $150,000 for infringement of each of two Stylebooks. Attorney Brooks sou ... ght a total damages award of $300,000. See, https://www.paed.uscourts.gov/documents/opinions/14D0758P.pdf

International law

Ackourey v. Noblehouse Custom Tailors, 2013 U.S. Dist. LEXIS 163535

Nov 14, 2013

OUTCOME: Plaintiff's Motion to Vacate Order Dismissing Case is hereby GRANTED.

Attorney Brooks successfully argued the Hague Service Convention applies to the instant case, and permits service of process by postal channels to Defendants in Hong Kong. The Court concluded that the ... Hague Service Convention applies to the instant case, and permits service of process by postal channels to Defendants in Hong Kong. Service by certified mail, return receipt requested, with proof of service by certified receipt and a letter from Defendants evidencing actual notice were permissible in this case.

Entertainment

FullCircle Intermedia, LLC v. Foster, Bucks County C.C.P. 2013-05811

Sep 10, 2013

OUTCOME: Attorney Brooks obtained emergency injunction naming new managing member of LLC and having all files and financials turned over to new management.

Entertainment industry company required immediate resolution of internal management situation for continuity in serving its sport and entertainment clients.

Contracts and agreements

Byrnes v. Klingerman, Bucks County C.C.P. 2008-11305

Jun 28, 2010

OUTCOME: Verdict in favor of Plaintiff

Attorney Brooks represented Plaintiff in a bench trial brought under for RECOVERY OF IMPROPERLY HELD ESCROW FUNDS and BREACH OF CONTRACT.

Business

Caring People, LLC v. Paletz, Bucks County C.C.P. 2007-04543

Jul 21, 2009

OUTCOME: A non-jury trial verdict entered in favor of Attorney Brooks' client in the amount of $10,000.00 in contract damages and $4,173.50 in attorney fees and costs.

Attorney Brooks drafted a $10,000.00 liquidated damages clause and an attorney fees clause for client. The liquidated damages clause was challenged in court as an unenforceable penalty clause. A non- ... jury trial verdict was entered in favor of Attorney Brooks' client in the amount of $10,000.00 in contract damages and $4,173.50 in attorney fees and costs.

Medical malpractice

Graham v. Bond et al., Bucks County C.C.P. 2004-0765

Jun 09, 2006

OUTCOME: Bucks Common Pleas Court granted the motion for partial summary judgment which resulted in a confidential settlement. The Memorandum Opinion is reported in the Bucks County Law Reporter

Michael J. Brooks, Esquire successfully argued for partial Summary Judgment in medical malpractice case on the issues that expert testimony is not required to establish a breach of duty when it concern ... s a matter of common knowledge and plaintiff is entitled to summary judgment on the issue of professional liability based on the admissions aquired by Brooks' examination in the deposition testimony of defendants.

Personal injury

Reeves v. Jenderko, 866 A.2d 1115

Dec 28, 2004

OUTCOME: Superior Court: Reversal of the trial court's grant of summary judgment.

Michael J. Brooks, Esquire, who represented the Plaintiff only in the appeal, successfully argued that the trial court abused its discretion by entering summary judgment with regard to Plaintiff's negl ... igence claim.

Personal injury

Parcell v. Sohum, Inc. 832 A.2d 551; 2003 Pa. Super. LEXIS 3592

Jul 16, 2003

OUTCOME: Reversed and Remanded

Lower court found after jury trial that plaintiffs were not entitled to joint and several judgment against all defendants, instead allocating amount of the total verdict each defendant was liable to pa ... y. Attorney Brooks appealed seeking to hold all defendants jointly and severally liable. On appeal the Superior Court held the single harm could not be apportioned, and thus the defendants are jointly and severally liable to the plaintiff.

Education

Souderton Area School District v. Souderton Charter School Collaborative,

Dec 29, 2000

OUTCOME: Commonwealth Court affirmed the Charter School Appeal Board's Decision granting the Charter

Michael J. Brooks, Esquire represented the Souderton Charter School in a case involving the interpretation and application of the Charter School Law (CSL), where the Souderton Area School District (Sch ... ool District) appealed an order of the State Charter School Appeal Board (CAB) that: (1) reversed the decision of the School District's Board of School Directors (District Board) to deny Souderton Charter School Collaborative's (Collaborative) charter school application; (2) directed the District Board to grant Collaborative's charter school application and sign Collaborative's charter; and (3) denied the School District's Motion to Dismiss.

Michael J. Brooks's Legal Cases (10)