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  • Drumgo v. Kuschel

    Publication Date: 2020-05-27
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68992

    District court erred in granting qualified immunity to corrections officer where there were genuine disputes of material fact as to whether the officer's frisk search went beyond the bounds of legitimate penological interests and constituted a sexual assault.

  • Laidacker v. Berwick Offray, LLC

    Publication Date: 2020-05-25
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Courts of Common Pleas, Columbia County
    Judge: Judge James
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0470

    Addressing an issue of first impression, the court of common pleas held that a prospective or current employee has a private cause of action to seek damages for violation of Pennsylvania's Medical Marijuana Act.The court denied defendant's preliminary objection in part.

  • Washington Health Sys. v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-05-25
    Practice Area: Employment Litigation
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0531

    Board properly held that employer failed to meet its burden of proof where claimant was fired for a positive drug test after telling employer she used over-the-counter CBD oil to manage her cancer-related symptoms because employer did not submit the results of the drug test as evidence and claimant's admission that she "failed" the drug test was hearsay based on what someone had told her. Affirmed.

  • Keith v. Charter Commc'ns, Inc.

    Publication Date: 2020-05-25
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0528

    ADA claimant judicially estopped from asserting claim of failure to provide reasonable accommodations when claimant also applied for Social Security disability benefits on the basis of total disability. Defendant's motion for summary judgment granted.

  • Malitsch v. Penn Forest Twp. Zoning Hearing Bd.

    Publication Date: 2020-05-25
    Practice Area: Land Use and Planning
    Industry: Energy
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0448

    An applicant failed to demonstrate that it was entitled to a special exception under a local zoning ordinance to operate a wind turbine project. The court vacated the zoning board's approval of the application.

  • Commonwealth v. Zeno

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0526

    Lifetime Sexual Offender Registration and Notification Act requirements imposed upon an offender who committed crimes while a juvenile constituted cruel and unusual punishment. Order of the trial court reversed, case remanded.

  • T.S. v. Pennsylvania State Police

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0532

    Petitioner challenged subchapter I of act 29 as applied to him and court found the subchapter was punitive as applied to petitioner who committed his offense before there were any registration or notification requirements and violated the ex post facto clause. Application granted in part

  • Ebersole v. Schofield

    Publication Date: 2020-05-25
    Practice Area: Discovery
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0423

    Defendant failed to demonstrate that plaintiff had engaged in any discovery violations. The court denied defendant's motion for sanctions, because a party was not subject to sanctions for failing to produce documents that did not exist.

  • Commonwealth v. Ogundere

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Cumberland County
    Judge: Judge Masland
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0471

    Police lacked probable cause to stop defendant's vehicle on suspicion of a Motor Vehicle Code violationas the arresting officer's mistaken belief that defendant was in violation of a license plate lighting requirement could not form the basis for probable cause. The court granted defendant's motion to suppress evidence.

  • Commonwealth v. Bradley

    Publication Date: 2020-05-25
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0521

    The commonwealth established that a Williamsport Bureau Police policy barring filming or recording in the police department lobby by members of the public was a reasonable time, place and manner restriction and that defendant was guilty of defiant trespass for violating the policy. The superior court affirmed defendant's judgment of sentence.