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In a § 1925(a) opinion, the trial court requested that the Superior Court affirm its order granting summary judgment to the defendant in a motor vehicle collision case.
The court urged the Superior Court to affirm its verdict in favor of defendants due to the plaintiff's failure to seek damages to its property in its previous replevin action.
Trial court erred in concluding that plaintiffs were not entitled to treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law after the jury had already awarded them punitive damages on their tort claims. Order of the superior court reversed, case remanded.
Court denied defendants' motions for acquittal and new trial where the government met its burden to overcome defendants' entrapment defense as defendants appeared to eagerly and voluntarily participate in the conspiracy and understand the risks of criminal prosecution.
Publication Date: 2024-05-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 1432 WDA 2022
Appellant appealed the trial court's judgment of sentence entered on his conviction for homicide by vehicle while driving under the influence and other crimes. The court affirmed, holding that appellant suffered no violation of his Confrontation Clause rights where the trial court accepted evidence of the vehicles' event data recorder information as extracted and analyzed by a responding police officer who testified as a Commonwealth expert in accident reconstruction.
Appellant filed a notice of appeal of the court's order denying his motion for title of vehicle. The court requested that the appeal be dismissed for appellant's failure to file a concise statement of matters complained of on appeal.
Publication Date: 2024-05-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 2725 EDA 2022
Appellant appealed the trial court's judgment of sentence on his non-jury trial conviction for criminal contempt. The court affirmed, holding that the evidence was sufficient to support appellant's conviction where he admittedly made a "gun" gesture at a testifying witness upon entering the courtroom, even where the gesture was not seen by the witness or the trial court.
Plaintiff failed to present evidence contradicting defendants' payroll records demonstrating that defendants employed fewer than 15 workers, requiring dismissal of plaintiff's Title VII claim. Defendants' motion to dismiss granted.
Plaintiffs sued two judges for alleged violations of their constitutional rights in a landlord-tenant case over which defendant judges presided. The court granted judicial defendants' motion to dismiss on the basis of absolute judicial immunity where the judges had jurisdiction over ongoing post-judgment discovery matters while plaintiffs' sought appellate review.
Public Utility Commission regulations concerning the placement of gas meters in historic districts did not constitute unconstitutional delegation of legislative/regulatory authority to public utilities where the legislature had never passed a law mandating the placement of meters, which had traditionally been left to the discretion of the utilities. Order of the commonwealth court reversed, case remanded.