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judge:"Steven Andrews"
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Legal malpractice claim untimely when client, through exercise of due diligence, should have discovered attorney's breach of duty of care upon filing of complaint omitting material facts or court's dismissal on those grounds. Summary judgment affirmed.
Petitioner was not incompetent to drive even though she experienced seizure-like symptoms, because she presented evidence from her treating physician that she did not suffer from a seizure disorder, and the incidents she experienced were preceded by warning signs.
The Department of Transportation, Bureau of Licensing did not err in applying §3806(b) of the Vehicle Code retroactively to impose a one-year suspension of licensee's operating privileges for a second DUI offense since the triggering date for suspension was the date licensee was sentenced, not the date he committed the underlying offense. The appellate court affirmed a trial court order upholding the suspension of licensee's driving privileges.
The court's findings were not against the weight of evidence where the record contained ample support that plaintiff had breached a distribution agreement. Plaintiff was not entitled to a stay pending appeal, and the court properly dissolved a preliminary injunction.
Search by parole agent valid where agent personally observed and had third-party information providing reasonable suspicion defendant possessed contraband or evidence of parole violation, and where agent's search was intended to uncover parole violations rather than investigate penal code violations. Judgement of sentence affirmed.
The plaintiff construction company proceeded at its own risk and breached its contract with the City of Philadelphia when it installed material that was not specified in the parties' contract and not approved upon submittal. The court recommended affirmance of the verdict in favor of defendant on its cross-claim.
Parole revocation board was not obligated to hold revocation hearing until parole violator's return to state custody from serving out-of-state or federal sentence. Adjudication of the Pennsylvania Board of Probation and Parole affirmed.
Plaintiffs failed to sufficiently allege any antitrust injury where they claimed defendants' conduct resulted in injury flowing from the loss of a single client but did not assert any decline in competition in the overall cable installation market. The court granted defendants' motion to dismiss plaintiffs' second amended complaint.
The requirements of the lis pendens doctrine were satisfied where a quiet title action involved the same parties, the same real estate transaction and factual background, and essentially the same relief as that sought in an existing quiet title case. The court dismissed the second proceeding.
Publication Date: 2018-05-29 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 18-0627
Suppression of confession was properly granted where juvenile's Miranda waiver was involuntary since he did not understand significance of Miranda warnings and believed he was obligated to follow his mother's instruction to confess to police. Order of the trial court affirmed.