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Commonwealth court panel erred in reversing the parole boards denial of credit to appellee on his state sentence for time he spent on detainer because board properly denied credit under Gaito v. Pa. Bd. of Prob. & Parole, 412 A.2d 568. Reversed.
District Court erred in denying appellant state officials motion for judgment on the pleadings in former employees malicious prosecution action brought after he was charged with concealing or destroying evidence that was the subject of a grand jury subpoena because even though the criminal procedure ended in his favor, there was probable cause to prosecute him based on a phone call made from his office desk. Reversed.
The court, at the parties request, construed six terms in plaintiffs patent infringement action.Plaintiff asserted that defendants infringed its patent in two separate civil action numbers
Publication Date: 2017-11-07 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 17-1669
Trial court erred in granting primary physical custody to childs grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in 5327(b) and improperly imposed the burden of proof on father. Reversed.
Commonwealth Court correctly found that the net loss carryover provision violated the uniformity clause of the Pennsylvania constitution but erred in its remedy of striking all caps in the NLC because that remedy contravened the legislatures intent and the proper remedy was to sever the $3 million flat deduction. Affirmed in part and reversed in part.
Publication Date: 2017-11-07 Practice Area:Family Law Industry: Court:Supreme Court Judge:Justice Baer Attorneys:For plaintiff: for defendant: Case Number: 17-1663
Juvenile court properly exercised discretion ordering early termination of delinquency supervision. Order of the trial court affirmed.
Plaintiff sufficiently pled existence of contract where it alleged that defendant made assurances of potential partnership between the parties in exchange for plaintiffs assistance in acquiring assets that would be the basis of the proposed partnership. Defendants motion to dismiss granted in part and denied in part.
Trial court erred in permitting medical expert to opine as to victims sexual abuse based solely upon the victims accounts, where there was a lack of physical evidence of abuse. Order of the superior court affirmed.
Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.
Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.