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judge:"Steven Andrews"
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Trial court granted insurers motion for summary judgment, in plaintiffs action asserting a failure to defend in an underlying action arising from plaintiffs action in filing a conservatorship petition, because insurers insured civic organization was dismissed from the underlying action with prejudice, plaintiff was not an officer of the organization at the time he filed the petition and the policy contained a duel service exclusion that barred coverage for plaintiff. Motion granted.
Defendant, who ingested Tylenol with codeine prior to entering a guilty plea, failed to establish that the plea was not knowing, intelligent and voluntary where he appeared alert and attentive before the court and gave intelligent answers demonstrating his comprehension of the proceedings. The court recommended affirmance of an order denying defendants motion to withdraw his plea.
The court granted certification of plaintiffs proposed class of members who were subject to Delaware law but not as to those subject to Virginia law in plaintiffs action alleging unjust enrichment in defendants solicitation of its customers to purchase an identity theft and credit-motoring product when activating their store credit cards because differences in state law under the voluntary payment rule meant that the Virginia class members did not satisfy the predominance requirement under rule 23(b)(3). Class partially certified.
The purchasers of a business were entitled to injunctive relief enforcing the terms of a no-competition clause, because the provision was unambiguous and reasonable in terms of time and geographic area. The court upheld an attorney fee award against the seller on appeal.
Court granted plaintiffs motion to strike defendants motion to enforce a confidentiality agreement regarding homicide files produced in response to discovery in plaintiffs §1983 action over constitutional violations in his arrest, first trial and imprisonment because under the Pansy balancing test, defendants could not assert a blanket claim of confidentiality over 10,000 pages of documents or over all homicide files. Motion granted.
Plaintiff in this tortious interference with contract matter had knowledge of harm more than two years prior to the filing of its complaint. Therefore, the court held the statute of limitations barred this claim.
Publication Date: 2017-12-12 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 17-1819
Trial court abused its discretion in ordering genetic testing and finding that father was not childs biological father because father had signed an acknowledgment of paternity as part of a custody agreement that was made an order of the court, 23 Pa.C.S. §5103(a), (d) and (g) governed and established the childs paternity in these circumstances and it could no longer be challenged and father was childs legal father. Reversed.
Publication Date: 2017-12-12 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Donohue Attorneys:For plaintiff: for defendant: Case Number: 17-1810
Federal automobile exception to warrant requirement inapplicable to vehicles parked in private driveways, where the inherent mobility of a vehicle justifying the exception was not relevant where the owner normally parked the vehicle. Order of the superior court reversed.
Trial court properly held that the salary reduction ordinance was not void in its entirety ab initio and the salary restoration ordinance did not retroactively increase the salaries of the commissioners of the board of revision of taxes. Affirmed.
Publication Date: 2017-12-12 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 17-1807
Trial court erred in denying a name change petition filed by transgendered person, where petitioner had met statutory prerequisites for name change. Order of the trial court vacated, case remanded.