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  • Palacio v. Warden Fort Dix FCI

    Publication Date: 2023-10-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2318

    Petitioner appealed the dismissal of his petition for writ of habeas corpus.

  • Grant v. Elias

    Publication Date: 2023-10-11
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3128

    Plaintiff appealed the denial of her motions for reconsideration, relief under Rule 60, recusal, and an emergency stay.

  • Anderson v. Pennsylvania Dep't of Corr.

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 50 C.D. 2022

    Appellant appealed the trial court's order sustaining a preliminary objection in the nature of a demurrer based on sovereign immunity. The court reversed and remanded for further proceedings, holding that sovereign immunity was waived where appellant alleged negligence as to the care, custody or control of his personal property while the property was in appellees' possession.

  • In re: Torres

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2568

    Petitioner sought to disqualify the district judge presiding over his prosecution on charges of enticing individuals to travel in interstate commerce to engage in prostitution.

  • In re: Davis

    Publication Date: 2023-09-04
    Practice Area: Court Administration
    Industry:
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 887 WDA 2022

    Appellant challenged the trial court's decision finding her guilty of direct criminal contempt and sentencing her to incarceration and financial penalties. The court affirmed, reasoning that appellant, as Clerk of the Courts of Washington County, engaged in direct contempt of the trial court by refusing to comply with its order regarding transfer of juvenile case records, resisting deputies, and engaging in disruptive misbehavior outside the courtroom.

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  • United States v. Shaknitz

    Publication Date: 2023-08-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1257

    Incarcerated appellant challenged district court's order limiting his contact with his five-year old son to telephone only and court found district court erred because U.S. v. Diaz, 66 F.4th 435, held a sentencing court lacked the inherent authority to impose a no-contact order during a defendant's term of incarceration but a court could recommend that the Bureau of Prisons impose such an order. Motion granted.

  • Moon Twp. v. Papa

    Publication Date: 2023-05-01
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 234 C.D. 2022

    Trial court erred in not granting township's motion for summary judgment in appellee's action asserting malicious abuse of process, intentional infliction of emotional distress, false arrest, malicious prosecution and deprivation of her constitutional free speech rights after she was arrested at an Earth Day event and court found township and its employees were governmentally and officially immune from suit and appellee's claims were also a collateral attack on the outcome of valid criminal proceedings. Reversed.

  • Bianchi & B&G Machine, Inc.

    Publication Date: 2023-02-28
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2172

    Age discrimination claim was properly dismissed for lack of clear direct evidence of discrimination and failure to prove that plaintiff was replaced by a younger employee.

  • Robert W. Mauthe M.D. PC v. Millennium Health LLC

    Publication Date: 2023-02-13
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-2265

    Facsimile offering free seminar with no mention of goods, property, or services for sale or pricing for goods and services for sale did not constitute an unsolicited advertisement prohibited by the TCPA. Order of the district court affirmed.

  • Monroe v. CBH2O

    Publication Date: 2022-12-12
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1862 EDA 2019

    Plaintiff appealed the grant of summary judgment to defendant in her personal injury action and court found plaintiff sufficiently pled the state of mind of recklessness to defeat defendant's motion for judgment on the pleadings and evidence of record created genuine issues of material fact precluding summary judgment. Reversed.