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Publication Date: 2018-06-19 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 18-0707
PCRA petition was untimely where petitioner could not invoke retroactive constitutional rule exception as cited case merely constituted statutory construction rather than citation of constitutional rule or rule of criminal procedure. Order of the PCRA court affirmed.
Due process claim in wrongful termination action failed where employee's signed employment offer unambiguously classified her as an at-will employee and as such she had no property interest in continued employment. Plaintiff's motion for reconsideration denied.
Zoning board erred in approving conditional use where applicant failed to present evidence and board failed to make factual findings that proposed used was similar to expressly permitted use within zoning district. Order of the commonwealth court reversed.
Publication Date: 2018-06-19 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Donohue Attorneys:For plaintiff: for defendant: Case Number: 18-0711
Moving forward, Rule 341 would require quashal of a single notice of appeal taken from a single order resolving issues on more than one docket. Order of the superior court reversed, case remanded.
The trial court properly found in part that petitioner, the Marcellus Shale Coalition, raised a significant legal question regarding the implementation of new regulations governing fracking operations and demonstrated irreparable harm due to the cost of compliance that outweighed any harm in refusing to grant a narrowly-tailored injunction. The high court affirmed in part and reversed in part an order granting petitioner injunctive relief.
Where plaintiff's employer produced evidence that plaintiff violated its policies relating to patient privacy, employer satisfied its relatively high burden of producing evidence which, if taken as true, would permit a conclusion that there was a nondiscriminatory reason for plaintiff's termination. The court granted defendant's motion for summary judgment.
Court imposed default judgment and statutory damages equal to sublicensing fee for unlawful interception and broadcast where defendant failed to participate in litigation but declined to impose statutory damages where no evidence of willful violation. Plaintiff's motion granted in part and denied in part.
Plaintiff was not entitled to plead a right to recover for breach of contract and account stated in a single count, because they were separated causes of action with different elements. Disputes as to account balances and payments were more properly address in an answer, rather than by preliminary objections.
Amended statutory monetary limit for protected residential mortgages did not apply retroactively where the statute encompassed substantive remedies not contemplated by the parties at the time of their contract formation. Order of the trial court affirmed.
Autopsy report was inadmissible in absence of author's live testimony, but another expert's opinion admissible where independently arrived from facts contained in report. Judgment of sentence affirmed.