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Court appointed single-firm structure for interim class counsel where risks of increased costs and difficulty in managing multi-firm structure outweighed any benefits multi-firm structure had in effectively serving prospective class. Plaintiffs application to appoint interim class counsel granted.
In this case involving injuries sustained by plaintiff while using a waterslide, sufficient factual issues existed regarding the condition of the slide and cause of plaintiffs injuries that the court denied defendants motion for summary judgment.
Plaintiff was entitled to judgment as a matter of law where defendant failed to timely file a brief in response to plaintiffs motion for summary judgment, and where defendant did not assert any valid defense to plaintiffs breach of contract claim.
Publication Date: 2018-02-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-0134
The DNA evidence produced at trial strongly implicated defendant as a possessor of a gun found in the basement of his approved residence and the fact that other family members may have also handled the gun did not preclude defendants constructive possession. The court affirmed defendants judgment of sentence.
Defendant was entitled to summary judgment where plaintiff failed to allege sufficient facts regarding rescission, misrepresentation, unfair trade practices, or breach of express or implied warranty involving the sale of a used lawnmower.
Publication Date: 2018-02-13 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-0137
Foster parent lacked standing to intervene in dependency hearing, after being decertified as a foster parent and failing to take any steps toward adoption, but was merely entitled to notice of hearing and an opportunity to be heard. Order of the trial court affirmed.
Plaintiff permitted to attempt service by international certified mail, return receipt requested, where service under Hague Convention unsuccessful and foreign jurisdiction did not prohibit service by certified mail. Plaintiffs motion for leave to effect service by alternative means granted in part.
Bankruptcy court erred in holding that the Rooker-Feldman doctrine barred it from considering trustees fraudulent transfer claims over the revocation of debtors slot machine license because bankruptcy court applied the doctrine too broadly in finding that trustees claims required the federal courts to void the state court order revoking the license. Reversed.
Superior court erred in considering appellants appeal of the trial court order disallowing the presence of appellants counsel during the standardized portion of a neuropsychological examination because the order was not an appealable order as of right under Pa.R.A.P. 313 where the order met only one of the three prongs of the collateral order doctrine. Vacated.
Plaintiff delayed in seeking to re-schedule a discovery deposition of a doctor in a medical malpractice case, but the court allowed the discovery anyway because it found no prejudice to defendants. The court denied other discovery that was unrelated to the malpractice action.