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Falling branch from tree whose base was outside commonwealth property or right-of-way was insufficient to trigger the real estate exception to sovereign immunity. Order of the trial court affirmed.
Incriminating Statements Denied Suppression as Voluntarily Made; "Miranda' Rights Waived
The court granted defendant's motion to compel individual arbitration of plaintiffs' claims alleging on behalf of a putative class that defendant shared sensitive patient health information with Google in violation of the Electronic Communications Privacy Act under the Federal Arbitration Act and to stay the case pending the outcome of the individual proceedings.
Motion to Dismiss Denied, Defendant Failed to Address Plaintiff's Claims
Plaintiff sought class certification in her action alleging violation of the Philadelphia Fair Criminal Record Screening Standards Ordinance. The court granted the motion, certifying plaintiff's class to consist of all persons who were asked a question regarding a criminal conviction during defendants' online job application process for a specified period after enactment of the Ban the Box Law in 2016.
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Federally Removed Action Is Denied Remand; Requirements for Diversity Jurisdiction Met
The court found that plaintiff had an implied in fact contract with defendant to provide consultant services for which it would be paid fees to assist defendant in remediating compliance violations asserted by the Food and Drug Administration and that the evidence established unjust enrichment or promissory estoppel. While plaintiff claimed it was owed $1.9 million in unpaid fees, the court determined that the recovery would be limited to breach or an equitable remedy.
Dismissal Granted, Plaintiff Failed to Properly Plead Claims
Appellant father appealed the trial court's denial of his petition to hold mother in contempt for failure to comply with the parties' consent agreement in proceedings initiated by mother under the Protection from Abuse Act. The court vacated and remanded for further proceedings, holding that the trial court had authority to hold mother in contempt to enforce a PFA order based on the parties' consent agreement.
Claimant employee petitioned for review of an order of respondent Workers' Compensation Appeal Board which affirmed a workers' compensation judge's adverse determinations on multiple petitions. The court affirmed, holding in part that claimant failed to demonstrate that she received ineffective assistance of counsel where her former attorney withdrew from representation after claimant disagreed with his strategic decisions and recommendations regarding the handling of her case and settlement of her claim.
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