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Publication Date: 2018-07-03 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge McLaughlin Attorneys:For plaintiff: for defendant: Case Number: 18-0794
Trial court properly terminated father's parental rights because Department of Human Services presented clear and convincing evidence for termination under §§2511(a)(1), (2), (5) and (8) where the record supported the factual findings that father did not have the capacity to parent the child and that termination was in the child's best interests. Affirmed.
Publication Date: 2018-07-03 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Nichols Attorneys:For plaintiff: for defendant: Case Number: 18-0785
Defendant, a retired Army reservist, failed to establish that the trial court lacked jurisdiction over the summary citation he received for animal cruelty occurring on the Willow Grove Naval Air Station base. The appellate court affirmed defendant's judgment of sentence.
A corporation is not subject to venue based solely on the business activities of a sister corporation in the jurisdiction in question; therefore, the trial court did not abuse its discretion in sustaining the defendant casino's preliminary objections challenging venue in Philadelphia County. The appellate court affirmed the trial court's order transferring venue.
EMTALA whistleblower protection did not extend to employee who voiced disagreement over employer hospital's decision not to self-report what it determined was a EMTALA violation. Order of the district court affirmed.
In this personal injury matter, the complaint alleged negligent supervision by one of defendant's employees, so the court overruled defendant's preliminary objection regarding punitive damages.
The State Civil Service Commission erred in holding that a public employee's speech on Facebook about an allegedly unsafe school bus driver did not touch on matters of public concern, as the controversial nature of her statements was irrelevant to whether they dealt with a matter of public concern. The appellate court reversed and remanded.
Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.
The trial court erred in admitting a video interview of the minor victim as a prior consistent statement under Pa.R.Evid. 613(c) because this case did not involve any statement that predated the victim's alleged motive to fabricate; however, the admission was harmless error given the cumulative nature of the evidence. The appellate court affirmed defendant's judgment of sentence.
A vehicle owner was entitled to damages for breach of contract where an automotive service shop did not properly install after-market features to enhance the performance of the vehicle, but the facts did not support a claim for unfair trade practices.
Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.