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judge:"Steven Andrews"
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Publication Date: 2024-03-15 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Dougherty Attorneys:For plaintiff: for defendant: Case Number: 4 MAP 2023
Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.
Defendant moved for summary judgment in plaintiff's Title VII, Americans with Disabilities Act and Pennsylvania Human Relations action over his termination for refusing a COVID-19 vaccination and court found plaintiff provided no evidence that his decision to not get vaccinated was borne of religious belief or that defendant discriminated against him when it fired him. Motion granted.
Publication Date: 2024-03-15 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 688 WDA 2023
Mother appealed trial court's orders involuntarily terminating her parental rights to her two children. The court affirmed where evidence amply supported the trial court's conclusion that mother's ongoing substance abuse and mental health issues, despite a year of comprehensive support services, meant that termination of her parental rights would best serve her children's developmental, physical, and emotional needs.
Defendant appealed the court's order finding in favor of plaintiff and against defendant in plaintiff's action to eject defendant from residential property. The court concluded that its decision should be affirmed where defendant claimed the existence of a written "rent" agreement, but evidence adduced at trial demonstrated that the parties never arrived at a complete agreement.
Zoning board erred in denying use variance on grounds property could theoretically be used for zoned purpose when record evidence demonstrated the neighborhood's character had changed to an industrial use. Order of the trial court reversed and remanded.
Claim that union discriminated against non-member in failing to fairly represent her during grievance proceedings did not implicate unfair labor practices under the Public Employee Relations Act. Order of the trial court reversed, case remanded.
The Lycoming County Board of Elections petitioned to consolidate two voting precincts into a single precinct. The court denied the petition where posted notices of the proposal lacked statutorily-required information, namely the number of registered electors in each precinct.
Board appropriately found claimant was disqualified for unemployment compensation benefits, where he was discharged for willful misconduct for refusing COVID-19 vaccination or weekly testing, because employer's policy was reasonable and claimant failed to establish good cause for his failure to comply with the policy. Affirmed.
Defendants filed motions to compel supplemental responses to defendants' requests for production of documents and an authorization for release of social security administration records in a medical malpractice suit alleging the improper administration of opioid medication in defendants' emergency room. Motions granted in part and denied in part.