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Publication Date: 2023-09-04
Practice Area: Court Administration
Industry:
Court: Superior Court
Judge: Per Curiam
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Case Number: 887 WDA 2022
Appellant challenged the trial court's decision finding her guilty of direct criminal contempt and sentencing her to incarceration and financial penalties. The court affirmed, reasoning that appellant, as Clerk of the Courts of Washington County, engaged in direct contempt of the trial court by refusing to comply with its order regarding transfer of juvenile case records, resisting deputies, and engaging in disruptive misbehavior outside the courtroom.
Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: 23-1257
Incarcerated appellant challenged district court's order limiting his contact with his five-year old son to telephone only and court found district court erred because U.S. v. Diaz, 66 F.4th 435, held a sentencing court lacked the inherent authority to impose a no-contact order during a defendant's term of incarceration but a court could recommend that the Bureau of Prisons impose such an order. Motion granted.
Publication Date: 2023-05-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Per Curiam
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Case Number: 234 C.D. 2022
Trial court erred in not granting township's motion for summary judgment in appellee's action asserting malicious abuse of process, intentional infliction of emotional distress, false arrest, malicious prosecution and deprivation of her constitutional free speech rights after she was arrested at an Earth Day event and court found township and its employees were governmentally and officially immune from suit and appellee's claims were also a collateral attack on the outcome of valid criminal proceedings. Reversed.
Publication Date: 2023-02-28
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: 22-2172
Age discrimination claim was properly dismissed for lack of clear direct evidence of discrimination and failure to prove that plaintiff was replaced by a younger employee.
Publication Date: 2023-02-13
Practice Area: Consumer Protection
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: 20-2265
Facsimile offering free seminar with no mention of goods, property, or services for sale or pricing for goods and services for sale did not constitute an unsolicited advertisement prohibited by the TCPA. Order of the district court affirmed.
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Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-12-12
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Per Curiam
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Case Number: 1862 EDA 2019
Plaintiff appealed the grant of summary judgment to defendant in her personal injury action and court found plaintiff sufficiently pled the state of mind of recklessness to defeat defendant's motion for judgment on the pleadings and evidence of record created genuine issues of material fact precluding summary judgment. Reversed.
Publication Date: 2022-07-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: 22-0742
District court properly revoked appellant's bond for his use of medical marijuana because it violated the conditions of his release that required him to not violate any federal, state or local law while on release and marijuana was a schedule 1 controlled substance under the controlled substances act and was illegal "for any purpose." Affirmed.
Publication Date: 2022-05-31
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: D69836
Products liability lawsuit dismissed where cited federal statutes failed to give rise to a private cause of action and plaintiff, a non-attorney, could not represent the heirs of the decedent.
Publication Date: 2022-04-26
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
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Case Number: D69793
Shareholder's appeal of Chapter 11 plan denied where equity holders lacked standing where debtor would not have any assets for equity holders after satisfying claims of its creditors.
Publication Date: 2022-04-04
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: Per Curiam
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Case Number: 22-0356
Defendants' moved to disqualify law firm from representing plaintiffs in intellectual property matter, alleging firm had previously represented defendants, and court found defendants failed to document that they were ever firm's clients, there were no facts to show an "implied attorney relationship" between firm and individual defendant and defendants had no right to force company to give up representation by firm because individual defendant had been an officer of company. Motion denied.
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