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Plaintiff could not base a wrongful termination claim on an alleged violation of Medical Care Availability and Reduction of Error Act because defendant was a "medical facility" under the act; however, she sufficiently pled a wrongful termination claim based on potential violations of statutes governing false statements relating to health care matters. The court granted in part and denied in part defendant's motion to dismiss.
Involuntary termination of father's parental rights was warranted where he had been absent from the child's life for at least nine years and failed to provide any support. Termination was in the child's best interest.
Remand of Post Conviction Relief Act petition necessary to determine whether trial counsel sufficiently discharged duty to consult with criminal defendant regarding appellate rights.
Plaintiff could not recover damages for injuries allegedly suffered in a slip and fall accident on defendants' property during winter conditions where there was no dispute that freezing rain and/or snow was falling as she entered defendant's establishment, while she and her family dined there and for several hours after plaintiff fell. The court granted defendants' motion for summary judgment.
Court declined to dismiss age discrimination claim on statute of limitations grounds at the pleadings stage where there were no allegations in the complaint as to when plaintiff received a right to sue letter and a motion to dismiss would not afford plaintiff an opportunity to rebut the presumption of receipt of the EEOC right-to-sue letter. Defendant's motion to dismiss denied in part and granted in part.
Appellant appealed his sentence for possession of fentanyl with intent to distribute and court found district court's decision to designate appellant a career offender was correct, even though it was based on the now-defunct Hightower decision, and the record did not support a reasonable probability that district court silently held appellant responsible for victim's death at sentencing. Affirmed.
Royalty provision in oil and gas lease was ambiguous where it did not expressly authorize the deduction of post-production costs but instead contemplated extraction and sale of gas in a manner inconsistent with current industry practices. Order of the trial court reversed, case remanded for further proceedings.
Publication Date: 2022-05-16 Practice Area:Criminal Law Industry: Court:U.S. Court of Appeals for the Third Circuit Judge:Justice Krause Attorneys:For plaintiff: Louise Arkel and Peter M. Carter (Office of the Federal Public Defender) for defendant: Mark E. Coyne and Steven G. Sanders (Office of United States Attorney) Case Number: 20-2786
Inchoate Offenses Excluded from Definition of "Crime of Violence" for Sentencing Enhancement Purposes
Plaintiff alleged defendant violated a representation agreement by failing to pay a commission and court found plaintiff demonstrated by a preponderance of the evidence he was entitled to a commission of $460,000. Award ordered.