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The court's §1925(a) opinion urged affirmance of its Oct. 11, 2023 order denying post-trial relief and its October 17, 2023 order and judgment in favor of plaintiff whose vacant commercial lot was subject to a deliberate water intrusion by defendants from their adjacent property which was uphill to the plaintiff's property.
Summary Judgment Denied; Affidavits of Plaintiff's Doctors Raised Issue of Fact
The court urged the Superior Court to affirm its order that ruled on exceptions to a Master's Report that determined the fair market value of a residence owned by the parties and other issues that were not appealable as a final order.
Trial court erred in dismissing minority shareholder oppression and declaratory judgment claims because, although appellant appeared to be seeking consummation of payment under the parties' settlement, he also alleged that appellees had disregarded his rights as a minority shareholder and sought judicial declaration of his shareholder status, forms of relief not available at law. Order of the trial court affirmed in part and reversed and remanded in part.
In a case arising from the death of a youth from an overdose of illegal drugs in the home of appellants, the court reversed a ruling of the Superior Court that emotional distress damages were covered under an insurance policy providing liability coverage for bodily injury when the policy excluded emotional distress from its definition of bodily injury.
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Guidelines Amendment 821 Leads to 240-Month Sentence's Reduction to 228 Months
Defendant appealed the court's order granting partial summary judgment in favor of plaintiff. The court concluded that it did not err in granting plaintiff's motion for partial summary judgment where the court lacked subject matter jurisdiction due to defendant's failure to obtain counsel to represent an indispensable corporate party in the ongoing litigation.
Court affirms convictions for murder and gun possession over defendant's challenge to the sufficiency of evidence amid conflicting testimonies from witnesses
Appellant appealed the Superior Court's order affirming the post conviction review court's denial of his petition for post conviction relief. The court held that appellant's trial attorney did not render per se ineffective assistance by failing to object when the trial court provided the jury with written instructions not specifically authorized under Pennsylvania Rule of Criminal Procedure 646.
Background Check, Fee to Buy Ammunition Survives Challenge Under 42 USC §1983
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