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Court found no error in trial court's judgment where property owner failed to present evidence to rebut presumption of validity of city's property assessment and the trial court could credit the city's expert's testimony to find a basis to increase the assessment. Order of the trial court affirmed.
Evidence was sufficient to support willful infringement verdict where evidence pointed to defendant not subjectively believing it could use the subject mark but continuing to do so for over a year after receiving a cease-and-desist letter. Orders of the district court affirmed in part and vacated and remanded in part.
Trial court properly found drive-in theatre was operating a campground in violation of the zoning ordinance when it allowed patrons to spend the night after watching a movie because the ordinance did not allow any type of camping in the C-1 commercial district, the definition of drive-in theater did not include the operation of a campground and a campground was not an accessory use to a drive-in theater. Affirmed.
Steven D'Agostino, a former employee of J & J Pizza, Inc., appealed the district court's decision affirming the bankruptcy court's orders confirming a Chapter 11 reorganization plan for J & J Pizza, Inc.
In this § 1925(a) opinion, the court defended its order granting a nonsuit in plaintiff's personal injury suit against the Department of Conservation and Natural Resources arising from her injuries after plaintiff was kicked by a horse as she tried to retrieve her dog.
Publication Date: 2024-07-26 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Sullivan Attorneys:For plaintiff: for defendant: Case Number: 428 WDA 2023
Court affirmed trial court's order denying appellant's demand that the incomes of her children's maternal grandparents be included in the calculation of her child support obligations.
College student plausibly alleged contract and unjust enrichment claims based on university's retention of tuition after cancelling in-person instruction during the COVID-19 pandemic where university had made the benefits of on-campus education a part of its bargain with students. Defendant's motion to dismiss denied.
Defendants appealed the trial court's denial of their motion for summary judgment in plaintiff's action for personal injuries suffered while disembarking from a public transit bus. The court affirmed, holding that defendant bus driver was "operating" the bus for purposes of the vehicle exception to sovereign immunity when she stopped to allow plaintiff to exit and allegedly refused to lower the bus's handicap ramp, causing plaintiff's injuries.
Appellant brought an interlocutory appeal from the court's order decreeing the scope of a surcharge that it could impose against a self-dealing fiduciary and certain non-beneficiary third-parties. The court concluded that its order should be affirmed where it properly determined that it had authority to impose a surcharge equal to the total financial benefit received by the fiduciary and/or his non-party family members who are not beneficiaries of the trust.
Student-athletes' "amateur" status was not a per se bar to asserting employee status to bring wage claims against their schools under the Fair Labor Standards Act. Order of the district court affirmed in part and vacated and remanded in part.