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Publication Date: 2017-11-14 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 17-1685
Petitioners seeking protection order under Protection of Victims of Sexual Violence or Intimidation Act were not required to prove beyond a reasonable doubt that they were victims of sexual violence. Order of the trial court affirmed.
Employers claim for reimbursement of overpaid wages was not preempted by federal law, and therefore was nonremovable, where claim did not require interpretation of the parties collective bargaining agreement for resolution of the claim. Plaintiffs motion to remand granted; defendants motion to dismiss denied.
Court awarded legal fees based on plaintiffs counsels filing of an amended complaint intended solely to delay the proceedings, where counsel admitted to the courts lack of jurisdiction over said complaint; however, the court downward adjusted work where excessive, duplicative, or unrelated to sanctioned conduct. Request for attorneys fees granted in part.
Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.
Principles of comity precluded the court from entertaining an action to partition a business entity formed under the laws of another state, particularly where that states laws granted its courts exclusive jurisdiction over partition of its business entities. Motion to dismiss granted in part and denied in part; cross-motions for summary judgment denied.
Absent specific allegations that a juvenile driver was engaged in a criminal activity, the fact that the juveniles passenger allegedly harassed another person was an insufficient basis for an investigatory stop, so the court granted the juveniles motion to suppress.
Publication Date: 2017-11-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1676
While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.
Neither of the issues defendant raised on appeal challenging his sentence had merit and appointed counsel failed to follow the proper procedure, as set forth in Anders v. California, by including the frivolous issues in defendants brief on appeal. The court affirmed defendants judgment of sentence.
Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated defendants judgment of sentence.
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