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judge:"Steven Andrews"
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Court refused to grant summary judgment for defendant in plaintiffs action asserting liability for wifes beryllium exposure while dating husband who worked for defendant because genuine issues of material fact existed as to defendants take-home liability, wifes status as a foreseeable defendant and defendants successor liability.
The court granted the motion for preliminary approval of the settlement agreement in plaintiffs putative class action against energy pro-vider because settlement, negotiated before a neutral mediator, offered compensation to all class members with no appearance of prefer-ential treatment, the class met the requirements of rule 23(a) and (b) and the proposed class counsel had extensive experience with class actions and the applicable law.
The broad language of the parties real estate agreement of sale and related warranty agreement clearly encompassed plaintiffs personal injuries claims arising from defendants alleged negligence in failing to remedy a dangerous condition on the property.
The court allowed the trier of fact to considered evidence about the parties prior conversations and/or negotiations where they had entered into an oral agreement regarding a loan, not a written agreement as defendant asserted.
Preliminary objections for failure to exhaust administrative remedies denied where such remedies were inadequate as the extensive delay in relief would permanently, negatively harm petitioners.
School district was not liable for retaliation under the ADA because there was no evidence that plaintiffs 2011 ADA and FMLA lawsuit caused her 2013 correction notices and conferences, work correction notices were not part of the disciplinary process, districts decisions not to transfer plaintiff after her request and the unions request were not adverse disciplinary actions and her own inaction in not providing the documentation requested by district was responsible for the denials. Judgment for school district.
An arbitration panel exceeded its power in finding that it had jurisdiction over one defendant who was not a party to the agreement of sale at issue in this case and did not agree to arbitrate disputes arising out of that agreement.
Publication Date: 2018-03-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 18-0253
Criminal defendant could not withdraw guilty plea based on subsequent change in the law without establishing counsels ineffective assistance in advising the plea despite the pending change in the law.
Publication Date: 2018-03-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 18-0252
Single victims testimony was sufficient, uncorroborated, to find each element of the offenses of robbery and conspiracy beyond a reasonable doubt. Judgment of sentence affirmed.