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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Defendant Canadian companys motion to dismiss plaintiffs trademark infringement action for lack of personal jurisdiction failed because company purposefully directed its activities at Pennsylvania when it hired a Pennsylvania company and a Pennsylvania law firm to act on its behalf to reach an agreement with the PA LCB to enable the distribution of its vodka in Pennsylvania and when it shipped and sold the vodka in Pennsylvania. Motion denied.
Plaintiff was entitled to noneconomic damages for injuries sustained while riding in an overcrowded limousine, and plaintiffs expert properly testified as to causation of the injuries.
The trial court properly determined that under 42 Pa.C.S. §1515(a)(2), a magisterial district judge had subject matter jurisdiction over an eviction action involving former property owners who remained on land purchased by another at a sheriffs sale, even in the absence of a landlord/tenant agreement. The appellate court affirmed a trial court order denying appellants relief.
Publication Date: 2018-03-27 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 18-0321
Trial court could sua sponte modify judgment of sentence during pendency of appeal where subsequent case law rendered initial sentence illegal. Judgment of sentence affirmed, appeal dismissed as moot.
Trial court abused its discretion in denying jurisdictional discovery in appellants action against parent company of manufacturer of hip replacement system and erred in dismissing appellants state law claims against manufacturer based on the off-label promotion of manu-facturers liner for a hip replacement system but correctly found that the medical device amendments act expressly preempted appellants negligence, strict liability and breach of implied warranty claims.
Publication Date: 2018-03-20 Practice Area:Government Industry: Court:Commonwealth Court Judge:Judge Simpson Attorneys:For plaintiff: for defendant: Case Number: 18-0281
Plaintiff failed to overcome sovereign immunity in this case against a prison employee where she claimed the employee violated the Department of Corrections code of ethics and, thus, was acting outside the scope of her employment.
Although conversations outside of work concerning facts learned in course of employment was protected First Amendment speech, plaintiffs retaliation claim failed for lack of sufficient allegations that defendants were aware of or motivated by protected conversations.
Trial court erred in vacating arbitration award over a school aide position because the trial court used the incorrect standard of review and substituted its own judgment for that of the arbitrator and the award was rationally derived from and drew its essence from the CBA.
Double jeopardy did not bar the imposition of multiple sentences where the evidence showed that defendant separately abused each of her three children over a long period of time.