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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
A former employee was entitled to liquidated damages for all compensation that was more than 30 days overdue, despite the fact that the employer paid part of the compensation prior to the trial date.
Trial court erred in allocating the local services taxes, from an integrated facility that straddled two townships, based on where within the building the employees worked because that interpretation added language to the statute and the correct allocation was based on boundary lines and the percentage of the property within a particular township. Reversed.
Defamation claim in employment context dismissed where employers alleged statements merely stated that employee was terminated for violating company policy, with no allegation of communication of the context for the violation and termination. Defendants motion to partially dismiss plaintiffs complaint granted.
Unemployment compensation board of review properly found that claimant was not entitled to benefits, had received an overpayment of $14,700 and issued a penalty because the department did not have a specific time limit during which it had to issue notices of determination and a finding of fault overpayment was proper when a claimant failed to disclose material facts. Affirmed.
Forfeiture of vehicle and cash erroneous where insufficient evidence items were substantially connected to illegal drug activity. Order of the trial court reversed.
Medical defendants were entitled to have the fourth amendment and procedural and substantive due process complaints against them, based on their finding that child had been abused, dismissed because the complaint did not offer any reasonable support to show that defendants lacked reasonable and articulable evidence of abuse or consciously disregarded a great risk that no abuse had occurred and there was no evidence that they engaged in any joint activity with the police that led to the arrest of mothers boyfriend. Motion granted.
Aggrieved employee lacked standing to appeal from grievance arbitration award where only union and employer, as exclusive parties to collective bargaining agreement authorizing grievance proceeding, could initiate arbitration or appeal from an award. Order of the trial court affirmed.
The real estate exception to governmental immunity did not apply here, where plaintiffs claimed the minor plaintiff was injured while exiting a school bus but did not suggest that the surface of the school parking lot was defective or that it was not suitable for its intended purpose. The court granted defendants preliminary objection and dismissed plaintiffs complaint.
Plaintiffs, the lawyers of a law firm that served as the Chambersburg Area School Districts solicitor for almost 50 years until their recent termination, sufficiently alleged that political affiliation was not an appropriate requirement for the solicitor position. The court denied in part defendants motion for summary judgment.
Conservatorship hearing, where parties introduced documentary evidence and elicited witness testimony, sufficiently similar to a traditional trial that appellants failure to file post-trial motions resulted in waiver of appellate issues. Order of the trial court affirmed.