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  • Commonwealth v. Ward

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1613 EDA 2023

    Totality of circumstances warranted officers' traffic stop to check on driver's welfare under the community caretaking doctrine, with subsequent interaction providing reasonable suspicion for DUI investigation. Judgment of sentence affirmed.

  • Sharpe v. Primex Garden Ctr.

    Publication Date: 2024-07-12
    Practice Area: Employment Litigation
    Industry: Agriculture | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-4843

    Defendants moved to dismiss plaintiff's employment discrimination complaint. The court granted the motion in part and denied it in part, holding that a terminated white male employee stated a disparate treatment claim under Section 1981 and state law where he alleged that he was discriminated against and fired on the basis of race.

  • Curry v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 9 C.D. 2023

    Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.

  • Commonwealth v. Gibson

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1460 MDA 2023

    Appellant appealed the denial of his first petition for post-conviction relief. The court affirmed, holding in pertinent part that sufficient evidence supported appellant's jury conviction of aggravated assault where appellant provoked a confrontation, sucker-punched his smaller victim, and attempted to continue his assault as the victim lay unconscious.

  • Colbert v. President Judge Hall

    Publication Date: 2024-07-12
    Practice Area: Court Administration
    Industry:
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 241 M.D. 2023

    Respondent President Judge filed preliminary objections to petitioner's petition for review. The court sustained one of the preliminary objections and transferred the action to the Supreme Court of Pennsylvania, holding that it lacked original jurisdiction to resolve and grant relief regarding petitioner's challenges to administrative restrictions on cell phone use within the Court of Common Pleas.

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  • Commonwealth v. Hawkins-Davenport

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 798 EDA 2023

    Police were justified in removing firearm in plain view within reach of vehicle occupants on grounds of officer safety, without any other justification or reason such as occupants' dangerous or furtive movements. Order of the trial court reversed, case remanded.

  • Miron v. Delaware County Tax Claim Bureau

    Publication Date: 2024-07-12
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 290 C.D. 2023

    Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.

  • 770 Ameribeer, Inc. v. Pennsylvania Liquor Control Bd.

    Publication Date: 2024-07-12
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 509 C.D. 2022

    Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.

  • Commonwealth v. Macik

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 529 WDA 2023

    Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.

  • Armstrong Twp. v. Lycoming County Bd. of Assessment Appeals

    Publication Date: 2024-07-12
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 140 C.D. 2022

    Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.