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Appellant Jeffrey Gundell, on behalf of himself and others similarly situated, appealed the district court's decision that denied class certification and granted summary judgment in favor of Sleepy's, LLC, and Mattress Firm, Inc.
Defamation plaintiff sought reconsideration of the court's order granting defendants' motion for summary judgment. The court denied plaintiff's motion, holding in part that plaintiff failed to adduce evidence sufficient to create a genuine issue of material fact regarding the alleged falsity of defendants' published article, which indicated that defendant had a sexual relationship with an underage girl, where uncontroverted evidence showed that defendant had pled guilty to corruption of a minor involving sexual acts with a 15-year-old
The court affirmed appellant's judgment of sentence for issuing interstate threats, threatening to assault FBI agents, and knowingly deleting social media accounts and postings with intent to impede the investigation.
City appealed the trial court's decision affirming a decision of the Office of Open Records regarding a Right to Know Law request. The court recommended that the matter be remanded for further proceedings where appellant filed its appeal a mere two days after filing a motion for reconsideration, which effectively deprived the court of the opportunity to prepare a new decision in light of the issue raised by appellant in its motion for reconsideration and subsequent notice of appeal.
In this § 1925(a) opinion, the court urged the Superior Court to affirm the decision of a jury that defendants did not breach the standard of care necessary to provide proper medical care and services to plaintiff's decedent.
Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1680 MDA 2023
Driver lacked standing to challenge constitutionality of DUI statutes under Medical Marijuana Act where driver was not a cardholder and had not consumed medical marijuana. Judgment of sentence affirmed.
Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 510 WDA 2023
Court reversed forfeiture of Post Conviction Relief Act counsel where defendant's conduct did not delay the proceedings. Order of the PCRA court reversed, case remanded.
Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Donohue Attorneys:For plaintiff: for defendant: Case Number: 31 EAP 2021
Court ruled that co-defendant's statement violated defendant's Confrontation Clause rights where redactions, in light of the commonwealth's presentation of the case, were insufficient to prevent the jury from understanding that the statement referred to defendant. Order of the superior court reversed, case remanded.
Defendant limited liability company filed preliminary objections to plaintiff's amended complaint. The court sustained defendant's preliminary objections based on improper venue, holding that venue in Philadelphia County was improper where the quantity and quality of defendant's contacts with the county, which reflected essentially no contacts whatsoever, demonstrated that defendant did not regularly conduct business there.