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Trial court properly granted summary judgment in favor of insurer in appellant's action for UIM coverage and court found appellant's car policy's household exclusion was valid and enforceable, UIM coverage in her mother's car's policy, which she was driving at the time of the accident, was the only UIM coverage applicable and the coordination of benefits clause had no effect. Affirmed.
Court erred in dismissing religious failure to accommodate claim where employee presented prima facie evidence that she had a religiously connected, sincerely held objection to receiving COVID-19 vaccines. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-03-01 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Olson Attorneys:For plaintiff: for defendant: Case Number: 2510 EDA 2022
Trial court should have denied suppression motion where totality of circumstances, including the fact that the subject vehicle was registered to someone whom defendant failed to explain his connection to, indicated that defendant lacked a privacy interest in the vehicle and thus defendant failed to bear his burden to prove that he had a reasonable expectation of privacy. Order of the trial court vacated, case remanded.
The court issued its decision on damages in a suit between an injured motorist and her insurance company that found the insurance company acted in bad faith, assessed attorneys' fees based on a contingency agreement and awarded punitive damages.
Appellant landowner appealed township's denial of its special exception application to construct a warehouse. The court affirmed where appellant's proposed use for its property was as a warehouse building that would be employed as a distribution center/truck terminal, which was not a permitted use.
Defendant moved to dismiss plaintiff's employment discrimination complaint. The court granted in part and denied in part defendant's motion, concluding in pertinent part that plaintiff stated a claim for sexual orientation discrimination in violation of federal and state law, but failed to allege claims for discrimination on the basis of sex or disability.
Plaintiffs moved for approval of the settlement in plaintiffs' class action asserting defendant violated Pennsylvania law by using deficient disclosure notices and practices in repossessing plaintiffs' vehicles and court found the Fed.R.Civ.P. 23(e)(2) and Girsh factors supported the settlement, the distribution was fair, reasonable and adequate as was the attorney fee and named plaintiff incentive awards. Motion granted.
The court filed a §1925(a) opinion urging the denial of defendant's post-trial motion of the court's order finding defendant liable for breaching an exclusive requirements contract.
Court vacated commonwealth court's order dismissing appellant's petition and its motion for summary relief in its action seeking to have its elders covered by the clergyman privilege as to mandatory reporting of child sex abuse, because commonwealth court's determinations that appellant did not have standing and that a grant of declaratory relief would not terminate the controversy violated the coordinate jurisdiction rule. Reversed.
The court, in a §1925(a) opinion, provided justification for its award of summary judgment to Fannie Mae and a judgment for possession after an ejectment proceeding that followed a residential foreclosure case.