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judge:"Steven Andrews"
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Defendant moved to dismiss plaintiff's Fair Debt Collection Practices Act claim over collection of homeowner's association assessments and court found the Rooker-Feldman doctrine did not apply and plaintiff stated a plausible FDCPA claim in asserting the account statement she was sent was edited by defendant to include additional fees separate from the state judgments and those edits were not disclosed. Motion denied.
The court denied the Applicants for Lehigh Valley Steam Academy Charter School's Emergency Petition to certify petition for appeal because the petition was 99 entries short of the number required.
The court granted in part and denied in part defendant nursing home's preliminary objections to the complaint filed by the administrator of decedent's estate.
Plaintiffs moved to seal the entire record in proceedings on their praecipe for writ of summons, which centered on alleged acts upon a minor child who attended defendant charter school. The court denied the motion where plaintiffs sought to seal the record not on the basis of good cause shown, but merely to avoid the burden of complying with the Case Records Public Access Policy.
Plaintiff moved for a permanent injunction and a supplemental motion for expedited permanent injunctive relief based on continued trade secret misappropriation after jury found in its favor in a misappropriation of trade secrets action and court found plaintiff failed to meet its burden of demonstrating that it was entitled to the extraordinary relief of a use or a production injunction. Motions denied.
Publication Date: 2024-04-12 Practice Area:Trusts and Estates Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 1843 EDA 2022
Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.
Publication Date: 2024-04-12 Practice Area:Trusts and Estates Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 2006 EDA 2022
Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.