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Court granted plaintiffs motion to remand his putative class action asserting improper charges relating to private mortgage insurance because defendant bank had not established by a preponderance of the evidence that the amount in controversy was satisfied since the amount sought by each class member for each monthly overcharge was only tens of dollars at most. Remand granted.
Trial court erred in accepting fathers oral revocation of his consent to adoption and relinquishment of parental rights because fathers oral revocation occurred 72 days after he executed his petition and 23 Pa.C.S.§2711(c) was unambiguous that consent to adoption was irrevocable after 30 days. Order vacated.
District court correctly held that appellant did not provide sufficient evidence to survive appellees summary judgment motion in appel-lants action alleging price-fixing among titanium dioxide suppliers because the parties agreed that the titanium dioxide market was an oligopoly, conscious parallelism was beyond the reach of antitrust law and appellant provided no evidence of an agreement to fix prices. Affirmed.
Respondents petition for reinstatement was granted after the court accepted his resignation and disbarred him on consent based on his criminal conviction for mail fraud, bankruptcy fraud and money laundering arising from a program of real property sales and lease-back transactions intended to assist homeowners facing foreclosure because he fully acknowledged his wrongdoing, demonstrated genuine re-morse and sorrow, underwent significant rehabilitation during his disbarment, set aside funds for restitution, worked as a paralegal and e
Publication Date: 2017-11-14 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 17-1685
Petitioners seeking protection order under Protection of Victims of Sexual Violence or Intimidation Act were not required to prove beyond a reasonable doubt that they were victims of sexual violence. Order of the trial court affirmed.
Employers claim for reimbursement of overpaid wages was not preempted by federal law, and therefore was nonremovable, where claim did not require interpretation of the parties collective bargaining agreement for resolution of the claim. Plaintiffs motion to remand granted; defendants motion to dismiss denied.
Court awarded legal fees based on plaintiffs counsels filing of an amended complaint intended solely to delay the proceedings, where counsel admitted to the courts lack of jurisdiction over said complaint; however, the court downward adjusted work where excessive, duplicative, or unrelated to sanctioned conduct. Request for attorneys fees granted in part.
Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.
Principles of comity precluded the court from entertaining an action to partition a business entity formed under the laws of another state, particularly where that states laws granted its courts exclusive jurisdiction over partition of its business entities. Motion to dismiss granted in part and denied in part; cross-motions for summary judgment denied.