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judge:"Steven Andrews"
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Addressing an issue of first impression, the high court concluded that non-economic damages for items such as humiliation and loss of reputation are available to successful plaintiffs in suits brought under the Whistleblower Law; therefore, the trial court did not err in entering a plaintiffs verdict which included $1.6 million in non-economic damages. The court affirmed the judgment for plaintiff.
Publication Date: 2018-04-10 Practice Area:Criminal Appeals Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 18-0399
The appellate court was neither compelled nor required to consider the deceased defendants appeal where neither party sought a decision on the appeal, the interests of justice were not implicated and the appeal did not present any novel legal issues of import to society in general. The appellate court dismissed defendants appeal.
A former client was entitled to recover for legal malpractice where the attorney failed to appear or notify the client of a scheduled arbitration, and the attorney subsequently refused to turn over the clients file.
Environmental contamination costs excluded from coverage where insured could not prove it was source of contamination, or whether the contamination occurred outside the term of the relevant policies, or where such costs were in the form of civil penalties. Orders of the trial court affirmed in part and reversed in part.
Delay in responding and investigating motor vehicle accident, lack of manpower to obtain warrant, and natural dissipation of alcohol from bloodstream combined to create exigent circumstances supporting a warrantless blood draw. Order of the trial court reversed, case remanded.
Defendant was not entitled to withdraw his guilty plea where commonwealth demonstrated it would be prejudiced due to the death of the victim between the time of defendants guilty plea and his motion to withdraw it.
Defendant was entitled to summary judgment in plaintiffs age discrimination claim because plaintiff failed to show that defendants legitimate, non-discriminatory reason for not hiring him was pretextual where employment restrictions in his contract with his previous employer prevented defendant from hiring him at the time the position was open. Motion granted.
Court of common pleas erred in ordering guns and weapons that had been seized for safety to be returned after 13 years because the residual catchall statute of limitations, §5527(b), applied and the petition for the return of the items was untimely. Reversed.
The court overruled defendants preliminary objection based on the gist of the action doctrine, because plaintiff had properly alleged a claim for fraud in the inducement, which implicated a violation of societal duty.