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Petitioner lacked individual standing to contest wastewater discharge permit where she failed to present evidence specifically demonstrating how she used the areas around the affected waterways and thus would potentially be injured by environmental contamination. Order of the Environmental Hearing Board confirmed.
Publication Date: 2024-04-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 573 MDA 2023
Appellant appealed the trial court's judgment of sentence following his jury conviction on three counts of possession with the intent to deliver a controlled substance and related crimes. The court affirmed, holding that the trial court did not err in allowing Commonwealth to introduce at trial photographic evidence of appellant's chest tattoo, which depicted a scale, drugs and money.
Court denied defendant's motion for summary judgment in trip-and-fall case where there were genuine issues of material fact as to whether defendant had actual or constructive notice of the presence of a component of a traffic control device defendant used on its property.
Court granted plaintiff's motion in limine to impeach de facto owner of defendant with date, crime and sentence arising from his 2010 criminal tax fraud conviction in plaintiff's action for age discrimination. Motion granted.
First Step Act resentencing did not constitute a new, intervening judgment entitling defendant to file a §2255 motion because First Step Act relief was a matter of legislative grace and did not affect the validity of the underlying judgment. Defendant's motion denied.
Asbestos defendant appealed the trial court's judgment awarding damages to appellee plaintiff after a jury trial. The court affirmed in part, vacated in part, and remanded, holding in pertinent part that the trial court erred in apportioning strict asbestos liability among remaining defendants on plaintiff's claims on a non-pro-rata basis, as was required under the Fair Share Act.
Appellant appealed the court's order finding in favor of appellees in his action to recover amounts allegedly due after an independent accounting conducted pursuant to a pretrial settlement of a business dispute. The court requested that its order be affirmed where the independent accountant's report failed to state that specific parties owed specific amounts to other specific parties and thus appellant failed to support his claim by a preponderance of the evidence.
Publication Date: 2024-04-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 956 MDA 2023
Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.