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Defendants were entitled to a new trial where plaintiffs counsel made repeated reference to the amount of manpower provided at plaintiffs workplace prior to his injuries in violation of a court order and made an irrelevant and prejudicial reference to the deaths of two fellow railroad carmen during plaintiffs trial. The court reversed an order denying defendants a new trial and remanded.
Plaintiffs claim under the Americans with Disabilities Act failed because the act did not apply in her action against a private condominium association and did not provide protection for emotional therapy dogs as accommodations for disabilities. The court denied plaintiff injunctive relief and dismissed her case.
Defense counsel correctly posited that defendants appeal was wholly frivolous where there was no viable challenge to the legality of his final sentence and no prior challenge to the discretionary aspects of his sentence either at the sentencing hearing or in a post-sentence motion. The court affirmed defendants judgment of sentence and granted counsels petition to withdraw.
Plaintiffs complaint failed to sufficiently state a cause of action for piercing the corporate veil of the defendant corporations where it merely recited the four elements necessary to demonstrate such a claim but failed to set forth substantiating facts. The court overruled defendants preliminary objection to allow for discovery.
Pursuant to In re Drumore Crossings, L.P, the minimum requirement established by §504.2 of the North Manheim Townships zoning ordinance only required a special exception applicant to represent that it would employ a sewage disposal system regularly approved by Department of Environmental Protection, not that the department had approved of a specific system. The court affirmed the trial courts order.
Defendant failed to demonstrate exceptional circumstances to warrant consideration of the effectiveness of counsel at the post-sentencing stage, and no new evidence supported his motion for a new trial. The court denied all of defendants post-sentence motions.
Publication Date: 2017-12-12 Practice Area:Labor Law Industry: Court:Commonwealth Court Judge:Judge Brobson Attorneys:For plaintiff: for defendant: Case Number: 17-1812
Arbitration award reducing corrections officers discipline from termination to suspension violated essence test where award stated officer should not perform core function of inmate supervision, thereby infringing on departments managerial rights to have officers without limitations on duties. Arbitration award vacated.
Sex offenders conviction for failing to register new address reversed where sex offender registration statute under which offender was charged was subsequently ruled unconstitutional. Order of the superior court reversed.
PCRA petition was timely under newly-discovered fact exception where defendant asserted FBIs novel admission that its microscopic hair analysis was scientifically. Order of the PCRA court reversed.
An employee exhausted her administrative remedies prior to filing a discrimination lawsuit where she submitted a verified questionnaire regarding her employment discrimination claims and insisted that the agency act on the issues raised in her questionnaire.