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Federal prisoner Saaed Moslem appealed from the district court's dismissal of his breach-of-contract action for lack of subject matter jurisdiction and the denial of his motion to reconsider.
Defendant sought post-trial relief after a jury verdict in favor of plaintiff on plaintiff's breach of contract and fraud claims. The court denied defendant's post-trial motion, holding that defendant was not entitled to call a court reporter at trial to testify regarding a purported error in a witness's deposition transcript, and that plaintiff was not required to support his claim of document forgery with testimony from a forensic document examiner.
Defendant appealed the order for specific performance in action over a real estate sales agreement and court held trial court properly found that a written contract existed and defendant breached it, there was no violation of the statute of frauds and defendant waived his right to arbitration. Affirmed.
The court in a § 1925(a) opinion, asked the Superior Court to affirm the jury's verdict in a wrongful death home health care case awarding plaintiff $42,500 and to affirm the denial of post-trial relief.
Petitioners sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision that denied a petition for review of a compensation benefits award. The court affirmed, holding that the workers' compensation judge did not err by considering circumstances, including the timeliness and the manner in which an insurer handled a claim, when denying a corrective amendment to a Notice of Compensation Payable where the issue was the identity of the claimant's employer.
Publication Date: 2024-06-28 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1019 WDA 2023
Presence of drugs and paraphernalia in bedroom shared by defendant was sufficient evidence to infer constructive possession. Order of the trial court affirmed in part, reversed in part, and remanded.