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  • Gill-Gayle v. Giant Co., LLC

    Publication Date: 2024-08-09
    Practice Area: Civil Rights
    Industry: Food and Beverage | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sánchez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-0719

    Court declined to dismiss §§1981 and 1982 claims where minority plaintiff alleged that she was followed and screamed at by store employees who admitted that she "didn't look like a customer" and looked like people who had recently committed thefts in the store. Defendant's motion to dismiss denied in part and granted in part.

  • Spivack v. City of Philadelphia

    Publication Date: 2024-08-09
    Practice Area: Constitutional Law
    Industry: Legal Services | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Freeman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1212

    District court erred in granting summary judgment to district attorney and city in appellant's action challenging the denial of her request for a religious exemption from a COVID-19 vaccine mandate because a jury needed to determine whether the district attorney's office could have accommodated appellant or other similarly situated religious objectors. Vacated.

  • In re: Appeal of Bochetto & Lentz

    Publication Date: 2024-08-09
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1445 C.D. 2022

    The Philadelphia District Attorney's Office appealed from the trial court's order granting a requester's statutory appeal and ordering the production of records pursuant to the Right-to-Know Law. The court vacated and remanded for the trial court to issue a decision containing findings of fact, conclusions of law, and an articulated and reasoned basis for its disposition.

  • Commonwealth v. Couteret

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry: Entertainment and Leisure
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 413 C.D. 2021

    Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.

  • Gross v. Mintz

    Publication Date: 2024-08-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1735 EDA 2023

    Trial court correctly dismissed protection from abuse petition based on evidence of alleged child abuse that had been litigated in a prior PFA petition and deemed unfounded by the court and law enforcement/child protection agencies. Order of the trial court affirmed.

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    Pennsylvania Commonwealth Court Rules 2024

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  • Commonwealth v. Boyd

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2863 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial conviction for indecent exposure and open lewdness. The court affirmed, holding that a complainant's trial testimony regarding appellant's conduct in exposing himself and masturbating on a public train was more than sufficient evidence to sustain appellant's convictions.

  • Commonwealth v. Smith

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 593 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury conviction for driving under the influence in violation of 75 Pa.C.S.A. § 3802(d(1)(i) and (iii). The court affirmed, holding that the challenged statutory sections did not violate appellant's constitutional rights to equal protection, substantive due process, or procedural due process as a user of medical marijuana.

  • Selective Way Ins. Co. v. Chen

    Publication Date: 2024-08-09
    Practice Area: Contracts
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022 CV 1534

    The court sustained defendant's preliminary objection to plaintiff's amended complaint pursuant to Pa. R. Civ. P. 1028(a)(6) due to an arbitration clause in the lease agreement between defendant and plaintiff's insured. The court said it lacked jurisdiction over other claims due to the binding arbitration agreement.

  • Tang v. Tanis

    Publication Date: 2024-08-09
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 002934-CV-2024

    The court denied defendants' motion for nunc pro tunc relief to file a late appeal of a landlord/tenant order for payment of past due rent.

  • Pennsylvania State Sys. of Higher Educ. v. Pennsylvania State Sys. of Higher Educ. Officers' Ass'n

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 961 C.D. 2022

    University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.