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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Plaintiff appealed the court's order granting summary judgment to defendant salvage yard owner on plaintiff's personal injury claims. The court concluded that its order should be affirmed where plaintiff offered no causation expert testimony to support his allegation that he was shocked by electricity emanating from defendant's electric fence. The court concluded further that the doctrine of res ipsa loquitur did not apply because plaintiff failed to eliminate other potential causes of his injury apart from defendant's electric fence.
Court dismissed copyright infringement claims relating to apparel/accessory designs where the accused works were sufficiently visually distinct from the protected works. Defendants' motion to dismiss granted in part and denied in part.
Defendant employer moved to dismiss plaintiff's discriminatory termination suit for failure to state a claim. The court granted in part and denied in part defendant's motion, holding in pertinent part that plaintiff's Age Discrimination in Employment Act claim survived dismissal where it stated a viable claim by alleging as facts that plaintiff was over the age of forty, was qualified for the job from which he was terminated, and his replacement was a person of significantly younger age.
Worker could assert adverse employment action based on a denial of accommodation that caused "some harm" to the conditions of employment, although that harm did not need to rise to the level of "serious and tangible." Judgment of the district court affirmed in part and vacated and remanded in part.
Court denied prison officials' motion for summary judgment where there were genuine issues of material fact over whether officials had taken actions to retaliate against plaintiff's stated intention to file grievances. Defendants' motion for summary judgment denied.
Petitioner sought review of an order of the Board of Finance and Revenue which upheld a Board of Appeals determination and the assessment of realty transfer tax on the transfer of a real estate company. The court reversed, holding that the transfer at issue was not subject to realty transfer tax because it was a transfer from a trustee of a living trust after the death of the settlor to the beneficiary of a living trust.
District court properly denied plaintiff pipeline company's motion for injunctive relief to enjoin the administrative appeal of the Pennsylvania Department of Environmental Protection's issuance of permits because none of the theories of preemption advanced by plaintiff or PADEP applied. Affirmed.
Appellant appealed the court's order declaring that a will was a forgery and striking it from the record. The court offered an opinion in support of its order, declaring that clear, direct, precise, and convincing evidence demonstrated that a purported 2005 will was a forgery where it was created using an electronic form that first became available in 2016.
The court denied defendants' motion to strike the discontinuance of the Lackawanna County Common Pleas court proceedings that were not pending at the time that the motion was filed.