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Acting Secretary of Education's determination that petitioner be terminated from his position as a tenured professional employee was based on substantial evidence that supported the necessary factual findings and school district complied with the procedural requirements of the school code. Affirmed.
In this §1925(a) opinion, the court asked the Commonwealth Court to affirm its Sept. 20, 2023, order sustaining appellee's appeal of the suspension of his driver's license where there was no evidence that the state trooper, who arrived on the scene of a crash on I-95 and arrested appellee, ever saw appellee driving while under the influence of alcohol.
District court properly denied defendant's motion to suppress evidence found in a vehicle search because trooper had reasonable suspicion of criminal activity when he extended the length of the stop and sent for a drug detection dog. Affirmed.
Plaintiff moved to dismiss defendant employer's counterclaims and court found defendant employer waived its argument for commercial disparagement, plaintiff's communication regarding the litigation and a temporary restraining order was protected by the fair reporting privilege and defendant failed to state a claim for tortious interference with existing and prospective contractual relationships. Motion granted.
Workers' compensation appeal board properly held that claimant's evidence did not establish that he was a traveling employee without a fixed place of employment and he was not acting in the course and scope of his employment when he was injured in a motor vehicle accident on his way home from work in his own vehicle. Affirmed.
Publication Date: 2024-02-23 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 300 WDA 2023
Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.
Publication Date: 2024-02-23 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 264 WDA 2023
Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.
Defendants moved to dismiss plaintiff's claims alleging tortious interference with a contract and breach of loyalty. The court denied the motions, concluding plaintiff former employer successfully stated claims by alleging that two former employees, in association with their new employer, carried out a scheme to steal away two large clients and numerous co-workers, all while the former employees still worked for plaintiff.
Defendant appealed the court's decision in favor of plaintiff in plaintiff's action for ejectment. The court recommended that its decision be affirmed where defendant waived numerous issues on appeal, relied on a fraudulent lease as grounds for possession of the disputed premises, and had no right to remain on plaintiff's property.
The court justified its order overruling condemnee Virtus Capital Advisor's preliminary objections to condemnor PennDOT's declaration of taking under the Eminent Domain Code, 26 Pa.C.S. §101, et seq.