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Publication Date: 2024-07-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Sullivan Attorneys:For plaintiff: for defendant: Case Number: 140 EDA 2023
Trial court erred in finding insufficient evidence to establish mens rea for third-degree murder based on a "single punch," given the victim's incapacitation due to alcohol intoxication and defendant's unprovoked punch, failure to render aid, and attempt to cover up the facts. Order of the trial court reversed, case remanded.
Defendant employer moved to dismiss a male employee's claims of sex discrimination arising out of his alleged inappropriate text messages to female colleagues. The court granted the motion to dismiss, holding that certain of plaintiff's claims were time-barred or subject to dismissal for failure to exhaust administrative remedies, and that his remaining claim failed where plaintiff alleged nothing more than that defendant placed him under "a cloud of suspicion" because he was male.
Publication Date: 2024-07-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 30 WDM 2024
Court of Common Pleas did not abuse discretion in revoking bail based on information about the alleged offenses that indicated defendant's mental health status made him a threat to public safety. Order of the trial court affirmed.
Appellants appealed the trial court's order granting summary judgment in favor of appellees and dismissing with prejudice appellants' action for declaratory judgment and injunctive relief. The court affirmed, holding that appellant's suit was barred on grounds of collateral estoppel where their argument that township had abandoned the public purpose for which it had condemned land had been fully and fairly litigated in earlier proceedings.
Appellant appealed the court's order denying his petition to adopt an adult son. The court concluded that its order should be affirmed where the parties demonstrated no good cause for proceeding with the adoption absent a relinquishment of parental rights by adoptee's father.
Plaintiff sought class certification in his action alleging that defendant violated the Telephone Consumer Protection Act by faxing unsolicited mass advertisements to healthcare providers. The court denied the motion where plaintiff's evidence failed to establish an ascertainable class because the available fax logs were incomplete and did not reliably reflect what fax numbers successfully received the alleged transmissions.
Appellant Vincent Alexis, a former federal inmate, filed a pro se civil rights Bivens complaint, alleging Eighth Amendment violations due to inadequate medical treatment while he was incarcerated at FCI Fort Dix.
Plaintiff sought reconsideration of the court's order denying her motion for judgment on the pleadings in her action against a former client for breach of the parties' fee agreement. The court denied plaintiff's motion for reconsideration, holding that the former client's factual allegations and admissions established genuine issues of fact that precluded judgment on the pleadings in the attorney's favor.
Petitioners sought review of a final agency order denying their objections to a hearing officer's proposed report, which denied their appeal of a highway occupancy permit issued to a third party. The court affirmed, holding in pertinent part that a petitioner who contested an abutting property owner's highway occupancy permit was not entitled to present administrative hearing evidence regarding alleged traffic safety issues created within a shopping center on its own private property, absent evidence that the issue related to highway