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judge:"Steven Andrews"
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topic:"Civil Appeals"
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Court granted motion to compel arbitration where plaintiff failed to challenge delegation clause or allege fraud in the procurement of the parties' contract, or show that it qualified for the transportation worker exception. Defendant's motion to compel arbitration granted.
Incapacitated mother's daughter appealed the county orphans' court's decree finding mother incapacitated and appointing daughter's siblings as guardians of mother's person. The court affirmed, concluding the orphans' court acted within its discretion in light of evidence of mother's preference and the personal care provided to mother by daughter's siblings.
Defendant auto insurer filed preliminary objections contesting subject matter jurisdiction and other matters in plaintiff insured's action for breach of contract and bad faith. The court overruled defendant's preliminary objections except as to venue, on which it ordered discovery and further briefing.
Tenants qualified as co-insureds immune from subrogation claim where they had a reasonable expectation that landlord would obtain fire insurance for the leased premises and would look to that insurance for compensation for fire loss as lease made landlord responsible for insuring his interests. Judgment of the trial court affirmed.
Appellant family trust appealed the trial court's judgment in favor of appellee in appellee's quiet title action. The court reversed, struck the trial court's judgment, and remanded for further proceedings. The court held that appellant was not required to take immediate interlocutory appeal from the trial court's denial of its petition to strike or open a default judgment, rendering its notice of appeal timely filed after the trial court's entry of a final judgment in favor of appellee. The court held further that appellee's quiet ti
Court affirmed trial court's decision striking down condition of issuance of building permits and granting mandamus relief where statutory regulations did not require issuance of highway occupancy permit as condition for building permits and applicant's right to the permits was facially clear. Judgment of the trial court affirmed.
The court reversed the order of the district court dismissing a count of appellee's indictment for an implied "ruse exception" to the Speedy Trial Act, finding that the STA contains no implied ruse exception at least for a prosecution first initiated in state court.
New precedent upholding the validity of "regular use" exclusion in underinsured motorist policies supported trial court's judgment for insurer following accident where insured was injured while operating a regularly-used, employer-owned work vehicle. Judgment of the trial court affirmed.
Defendants moved to compel arbitration and stay litigation pursuant to a contractual arbitration clause. The court granted the motion, holding that plaintiffs' claims alleging unlawful disclosure of confidential tax return information were subject to contractual arbitration under the binding and enforceable arbitration provision contained in defendants' online services agreement.
The court denied defendants' motion to suppress evidence including cell phone tower records obtained in the vicinity of their heist of a shipment of over $230,000 worth of newly minted dimes.