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City appealed trial court's preliminary findings in city's action for a trial de novo in a condemnation action and court quashed the appeal because trial court's order was not a decree confirming, modifying, or changing the board's report and numerous issues of fact and mixed fact and law remained. Appeal quashed.
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 2200 EDA 2022
Juvenile appellant challenged a dispositional order after juvenile court accepted appellant's admissions but rejected the agreed-upon disposition and court found juvenile court violated Pa.R.J.C.P. 407(A)(3) by accepting part of the tender, the admission, and basing its adjudication of delinquency solely on appellant's admission, without allowing appellant to withdraw the admission and/or without accepting additional evidence from either party. Vacated and reversed.
The court filed its §1925(a) opinion urging the Superior Court to affirm its order denying defendant ADT's motion to reopen the default judgment entered against it after plaintiff Onekey Homes sued ADT for failure to properly complete work as contractor at nine of Onekey's development projects.
Defendant appealed a judgment entered upon a jury's personal injury verdict in favor of an injured worker. The court concluded that its judgment should affirmed where defendant, which subcontracted plaintiff's employer for construction work along transit authority train tracks, was not a statutory employer entitled to employer immunity under the Pennsylvania Workers' Compensation Act.
Publication Date: 2024-03-22 Practice Area:Government Industry: Court:Commonwealth Court Judge:Judge Wojcik Attorneys:For plaintiff: for defendant: Case Number: 1272 C.D. 2021
The City of Philadelphia appealed an interlocutory order overruling its preliminary objections to a prisoner complaint against the City and employees of the Philadelphia Department of Prisons. Appeal granted.
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Leavitt Attorneys:For plaintiff: for defendant: Case Number: 98 C.D. 2023
Petitioner appealed the denial of his request for administrative relief from parole board's decision recommitting him as a convicted parole violator and court found board's choice of 154 days of street time was fully consonant with its discretion. Affirmed.
The court issued a §1925(a) opinion urging the Superior Court to affirm its order denying the petition to open the default judgment in a suit for unpaid attorneys' fees and remanding the case for a new trial on damages.
Defendant moved to dismiss plaintiff's Title VII, Age Discrimination in Employment Act and Pennsylvania Human Relations Act complaint asserting race and age discrimination and retaliation and court found plaintiff's title VII claim failed because he did not identify any similarly situated comparators who were treated more favorably or sufficiently allege facts to support an inference of race discrimination, and he failed to show he was replaced by a younger person, but defendant's exhaustion argument as to plaintiff's PHRA claim was m
Defendant son filed preliminary objections to plaintiff's complaint seeking recovery of the unpaid balance for his deceased mother's skilled nursing care. The court sustained the preliminary objection that plaintiff's complaint lacked requisite specificity where it failed to aver whether its agreement for the mother's care was oral or written and, if written, no copy was provided with plaintiff's complaint. The court overruled defendant's preliminary objection that the complaint lacked specificity by failing to set forth special damag
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 648 WDA 2023
Appellant appealed his sentence following his conviction for possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. Affirmed.