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judge:"Steven Andrews"
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The court properly dismissed a breach of contract matter where the plaintiff waived the right to dispute defendants preliminary objection based on the statute of limitations, and where the face of the complaint indicated the claim was time-barred.
Court granted defendants motion to dismiss in childs action against school and school officials for her injuries when she was attacked and beaten by a bully at school because the school took no action that would sustain a state-created danger theory and she asserted no credible school policy or custom to support a Monell theory of liability. Motion to dismiss granted.
Trial court properly found that appellant did not meet its burden of overcoming water authoritys prima facie case that authoritys assessment of 12 additional EDUs was warranted, where appellant bought lot one after a business campus was subdivided and argued that all of the EDUs assigned to the business campus belonged to lot one, because the agreement between the authority and the business campus clearly assigned 3.06 EDUs to lot one. Affirmed.
Trial court erred in denying continuance to taxpayers when citys concurrent failure to appear for trial warranted entry of non-suit. Order of the trial court vacated.
Defendants assertion of qualified immunity defense insufficient to warrant blanket stay of discovery against all defendants, or to preclude third-party discovery against defendant asserting defense. Defendants motion to stay discovery denied.
Publication Date: 2018-01-02 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Elliott Attorneys:For plaintiff: for defendant: Case Number: 17-1887
Commonwealth could compel defendant to provide password to defendants encrypted computer under foregone conclusion exception to right against self-incrimination, as the computers encrypted status established the existence of the password, and defendants ownership and sole use of the computer meant that he was in possession of an authentic password. Order of the trial court affirmed.
The court properly granted summary judgment on plaintiffs negligence claim for injuries sustained when she slipped and fell at a fitness center, because plaintiff executed a valid release and waiver of all negligence claims when she signed her membership agreement.
Petitioners challenge to his removal as chair of the school reform commission was denied because §696 of the school code did not apply since the position of chair of the SRC was not an office and the governor had the power to remove petitioner from a position that had no duties or role assigned to it. Relief denied.
The director of a fire department had discretion pursuant to a civil service regulation to allow additional fire department personnel to sit for a promotional examination. The court held plaintiffs failed to prove a clear right to mandamus relief.
Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.