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Defendant moved to exclude plaintiffs expert reports and for summary judgment in plaintiffs action asserting fraudulent misrepresentations in an appraisal that induced plaintiffs to invest in a property development project. Motions granted in part, denied in part.
Limitation on service terms from electricity generation suppliers to low-income customers within scope of PUCs authority where necessary to remedy problem of customers exhausting subsidies on EGSs charging more than the default rate. Order of the Public Utility Commission affimed.
Motion for leave to file consolidated brief denied where motions for partial summary judgment and for sanctions involved widely different legal standards such that there would be no common issues of law that could be addressed by a single consolidated brief. Defendants motions for leave to file a consolidated brief and for sanctions denied.
Publication Date: 2018-05-15 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Nichols Attorneys:For plaintiff: for defendant: Case Number: 18-0565
At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated and remanded for further proceedings.
Citys motion to dismiss was granted in plaintiffs equal protection, due process and unjust enrichment claims over the change in hours for restricted parking for reserved electric vehicle parking spaces. Motion granted.
Publication Date: 2018-05-15 Practice Area:Evidence Industry: Court:Superior Court Judge:Judge Ott Attorneys:For plaintiff: for defendant: Case Number: 18-0575
The trial court correctly refused to suppress the evidence in motorcyclists DUI because the phone tip the police received provided ample suspicion of impaired driving and the location where the officer found the motorcycle and its description and that of the driver corroborated the information given in the phone tip. Affirmed.
Publication Date: 2018-05-15 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ott Attorneys:For plaintiff: for defendant: Case Number: 18-0562
The trial court erred in finding defendants, identical twins, guilty of 18 Pa.C.S. §3122.1(a)(1) for having sexual intercourse with a person whom they were four years older than since the twins were born 14 hours short of a full four years before the complainant and the rule of lenity applied given the statutes ambiguity. The appellate court vacated defendants judgments of sentence.
Motion to remand from untimely removal granted where defendant failed to prove plaintiffs maintenance of suit against co-defendant with whom plaintiff had settled. Motion to remand granted.
In this case for negligent supervision, the discovery rule tolled the statute of limitations. The court denied defendants motion for post-trial relief because the jury had ample evidence to find that defendant was grossly negligent in a way that caused plaintiffs injuries.