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Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 315 M.D. 2018
Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.
Publication Date: 2024-03-01
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-314
Defendant moved for summary judgment in plaintiff's Fair Debt Collection Practices Act action asserting use of deceptive and misleading representations to collect a debt and court found plaintiff's assertions, that affidavits defendant relied on were made without personal knowledge, failed because declarants indicated their familiarity with the information addressed in their declarations in a manner sufficient for court to treat them as qualified witnesses. Motion granted.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1464 WDA 2022
Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.
Publication Date: 2024-03-01
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 16 C.D. 2023
Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.
Publication Date: 2024-03-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1069 C.D. 2022
City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.
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Publication Date: 2024-03-01
Practice Area: Insurance Law
Industry: Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1 BIC 2023
Court overruled defendant's preliminary objections to insurance liquidator's action seeking to void money transferred by defendant under a supersedeas bond because court found that contrary to defendant's argument, insurer's liability for the judgment underlying the action was not contingent upon the order affirming the case but insurer's liability attached as soon as the district court entered its Nov. 30, 2020 court order. Preliminary objections overruled.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 543 M.D. 2022
Court lacked jurisdiction to consider petition seeking to invalidate mandatory life without parole sentences for 18-year-olds as violative of the Eighth Amendment and the Pennsylvania Constitution, as such a petition was only cognizable under the Post Conviction Relief Act and thus was untimely. Attorney General's preliminary objection sustained, case dismissed.
Publication Date: 2024-03-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-2838
The court addressed appellant's petition for appeal from appellee's notice disqualifying his commercial driver's license for one year by finding that PennDOT was effectively punishing appellant twice for the same DUI conviction which was not permitted under 75 Pa. C.S.A §1611(a). Appeal sustained and disqualification rescinded.
Publication Date: 2024-02-28
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3179
Plaintiff appealed the summary judgment dismissal of her complaint.
Publication Date: 2024-02-23
Practice Area: Personal Injury
Industry: Distribution and Wholesale | Retail
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 856 EDA 2023
Trial court reversed order transferring venue where defendants failed to identify proposed witnesses and link their evidence to the potential defense in support of their claim of hardship. Order of the trial court reversed, case remanded.
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