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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.
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.
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.
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.
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.
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.
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.
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.
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.