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RCKA Inv. LLC v. Johnson
Publication Date: 2022-09-12
Practice Area: Landlord Tenant Law
Industry: Hospitality and Lodging
Court: Superior Court
Judge: Judge King
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For defendant:
Case number: 22-1025

Trial court erred in deciding appellant violated the case management order by failing to deposit money in an escrow account in an appeal of a landlord-tenant issue because the order and local court rules only set forth the procedure a tenant had to follow to obtain supersedeas to prevent eviction during the pendency of the appeal and provided no directive regarding escrow payments for tenants who did not wish to protect against eviction. Order vacated.

Potter v. Cozen & O'Connor
Publication Date: 2022-09-12
Practice Area: Deals and Transactions
Industry: Investments and Investment Advisory | Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case number: 22-1021

District court wrongly dismissed appellant's breach of fiduciary duty and professional malpractice complaint because it erred in treating appellees' motion to dismiss for lack of shareholder standing as a motion under rule 12 (b)(1) instead of under rule 12 (b)(6), court found the shareholder standing rule was non-jurisdictional and remand was necessary. Vacated.

Welsh v. River Hollow
Publication Date: 2022-09-12
Practice Area: Civil Appeals | Contracts | Real Estate
Industry:
Court: Court of Appeals
Judge: Justice Wise
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Case number: 14-21-00165-CV

Appellants are homeowners who sued their homeowner's association, River Hollow Association seeking an injunction to require the HOA to maintain common properties, per the declaration of covenants and restrictions for their subdivision.

Povacz v. Pennsylvania Pub. Util. Comm'n
Publication Date: 2022-09-12
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case number: 22-1022

Commonwealth court erred in holding that act 129 did not mandate installation of smart meters and court found customers failed to meet their burden of proving, by a preponderance of the evidence, a conclusive causal connection between RF emissions from smart meters and adverse human health effects. Reversed in part and affirmed in part.

State of Connecticut v. Sweet
Publication Date: 2022-09-12
Practice Area: Criminal Appeals
Industry:
Court: Connecticut Appellate Court
Judge: Judge Alvord
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Case number: AC 44427

Larceny Conviction Affirmed where State Showed Defendant Stole Victim's Credit

Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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Minehan v. McDowell
Publication Date: 2022-09-12
Practice Area: Corporate Governance
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
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Case number: 22-1036

Former corporate president's motion for injunctive relief denied where he was unlikely to prevail on fiduciary claims where company was in the same or better financial circumstances, and any financial problems had been caused by his use of corporate assets for personal purposes. Plaintiff's motion for preliminary injunction denied.

King v. Baylor University
Publication Date: 2022-09-12
Practice Area: Civil Appeals | Contracts | Education Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Jones
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Case number: 21-50352

Appellant, Allison King, enrolled online for the Spring 2020 semester at Baylor University for undergraduate "educational services," including meals and on-campus activities.

O'Neill v. State Employees Ret. Sys.
Publication Date: 2022-09-12
Practice Area: Labor Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case number: 22-1024

Commonwealth Court erred in forfeiting appellant's pension under Public Employee Pension Forfeiture Act because appellant's guilty plea to 18 U.S.C. §1001 did not trigger pension forfeiture since §1001 and 18 Pa.C.S. §4906 were not "substantially the same." Reversed.

Wagner v. Exxon Mobil
Publication Date: 2022-09-12
Practice Area: Civil Appeals | Litigation
Industry:
Court: Court of Appeals
Judge: Justice Hassan
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Case number: 14-21-00122-CV

In 1994, appellants, the Wagners, entered into a Purchase and Sell agreement that gave the Wagners oil and gas interests in Louisiana.

Court of Appeals: September 12, 2022
Publication Date: 2022-09-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: County Court, New York State
Judge: Unsigned
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Case number: DOCKET

Motions released on: September 8, 2022