By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Matter remanded for consideration of appellees' emergency application alleging fraud upon the court in the form, where individual alleged to be decedent's mother may have had parental rights terminated, thereby leaving decedent without heir who would have standing to pursue wrongful death and survival claim upon which judgment was entered. Appellees' emergency application granted, case remanded.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Retirement benefits properly suspended where there was no break in service because employee was immediately hired back as an independent contractor to perform many of the same duties as her old position. Order of the Public School Employees' Retirement Board affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court properly reversed the council's denial of applicants' conditional use application because applicants met the specific requirements of the ordinance and objectors' testimony was the kind of speculative evidence insufficient to constitute proof of detriments to health, safety and welfare exceeding those ordinarily to be expected from the proposed use. Affirmed and remanded.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Municipality could not eliminate subject of collective bargaining through adoption of home rule charter provision where Act 111, which granted fire and police officials right to bargain conditions of employment and took supremacy over any municipal home rule charter. Order of the commonwealth court reversed.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court erred in granting reformation of a 1998 deed that allegedly should have referred to a life estate because the evidence was legally insufficient to prove a scrivener's error or mistake necessary to overcome the merger doctrine. Reversed.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
A motion for leave to file a motion for post-trial relief nunc pro tunc was properly denied where the record provided no evidence of extraordinary circumstances to warrant such relief.
By Katheryn Hayes Tucker | June 9, 2017
Judge Jesse Furman issued a 19-page order teeing up the case by dealing with pretrial requests. The judge dealt with four motions in limine from attorneys representing Dennis Ward, an Arizona man alleging that GM's highly-publicized ignition defect caused his crash and lasting injuries.
By C. Ryan Barber | June 9, 2017
The U.S. Labor Department moves to rescind the Obama-era "persuader rule," which opened a door to greater disclosures about how companies try to thwart union-building efforts. Meanwhile, the DOL's fiduciary rule takes effect today, but court clashes continue. And this: the SEC calls cyber the biggest threat to markets. This is a roundup from ALM and other publications.
By Samantha Joseph | June 9, 2017
Bad news for a real estate investor who assumed an enforceable arbitration clause compelled a trial court to dismiss fraud claims against him.
By Carley Meiners | The Legal Intelligencer | June 9, 2017
Summary judgment in foreclosure action was proper where mortgagors' general denials to the material allegations of the mortgagee constituted admission of those allegations. Judgment affirmed.
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