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Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 291 MDA 2023
Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.
Publication Date: 2024-02-16
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Street
Attorneys: For plaintiff:
for defendant:
Case Number: 191201973
The court filed a §1925(a) opinion urging that its order rescinding PennDot's suspension of a driver's license be upheld.
Publication Date: 2024-02-16
Practice Area: Wage and Hour Litigation
Industry: Energy
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22cv1367
Plaintiff moved to compel discovery in its a class action under the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law and court found the allegations forming the substance of plaintiff's wage and hour violations were not limited to distinct activities performed by field supervisors, defendant did not explain how the request imposed an undue burden, defendant did not provide a sufficiently detailed privilege log for those documents which it declined to produce and pre-certification discovery of the name
Publication Date: 2024-02-16
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 19-00528
Defendant medical providers sought summary judgment on plaintiff's claim alleging professional liability regarding treatment of a patient who was suffering a mental illness. The court denied defendants' motion where plaintiff's expert opined that defendants acted in gross deviation from the standard of care for a patient suffering from a delirium, with the result that defendants could be ineligible for the limited immunity afforded under the Mental Health Procedures Act.
Publication Date: 2024-02-16
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1602 EDA 2022
Trial court properly rejected defense of others justification where defendant attacked unarmed person with a deadly weapon, and thus could not reasonably believe that protectee faced imminent risk of severe injury or death and used unreasonable force to protect the other person. Convictions affirmed, judgment of sentence affirmed in part and vacated in part.
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Publication Date: 2024-02-16
Practice Area: Patent Litigation
Industry: Consumer Products
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Stickman
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-cv-2000
Plaintiff moved for a preliminary injunction in its patent infringement action alleging infringement on a design patent and court found plaintiff did not show an ordinary observer would be deceived into mistakenly purchasing defendant's accused product instead of plaintiff's Tote Hanger and plaintiff offered no concrete evidence to support the claim of irreparable harm. Motion denied.
Publication Date: 2024-02-16
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Lane
Attorneys: For plaintiff:
for defendant:
Case Number: 2880 EDA 2023
This §1925(a) opinion was submitted by the court in support of its order granting a motion for summary judgment in favor of appellee Cheltenham Nursing in a slip and fall case.
Publication Date: 2024-02-16
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV-23-00653
Appellant appealed local zoning hearing board's rejection of its application for a use variance for construction of multi-family housing on four adjacent parcels. The court remanded to appellee board for further development of the evidentiary record and reconsideration.
Publication Date: 2024-02-16
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Schwab
Attorneys: For plaintiff:
for defendant:
Case Number: 21-267
Defendants moved for summary judgment in inmate's action asserting retaliation and Americans with Disabilities Act discrimination and court found there was no evidence and no genuine issue of material fact to suggest any retaliation and plaintiff proffered no evidence to support his theory that defendants deliberately discriminated against him by placing him in a medical unit. Motion granted.
Publication Date: 2024-02-16
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1597
Defendants moved for summary judgment in plaintiff's Americans with Disabilities Act, Pennsylvania Human Relations Act and Philadelphia Fair Practice Ordinance action based on her termination for refusing a COVID-19 vaccination and court found there was a genuine issue dispute as to whether plaintiff had a disability, whether she was a qualified individual and whether defendants engaged in an interactive process but her retaliation claim failed because she failed to prove any retaliatory motive by defendants and defendants articulated
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