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judge:"Steven Andrews"
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The court granted summary judgment in favor of the lender in this mortgage foreclosure proceeding because borrowers failed to establish a genuine issue of any material facts.
The court recommended that defendants appeal should be dismissed because defendants failed to timely file their concise statement of errors as required by Pa.R.A.P. 1925(b), thereby waiving any issues for appeal.
Plaintiff sufficiently pled a violation of a statue or regulation to support his whistleblower action when he alleged that he was fired after he reported that a buildings air handlers were in poor condition and had the possibility of negatively affecting air quality in the building. Motion to dismiss denied.
Trial court erred in denying a retrial after the Supreme Court overruled the jury charge in the case and established a new two-part defect test regarding defective products. Vacated.
Trial court properly denied appellants statutory license suspension appeal because Birchfield v. North Dakota, 136 S.Ct. 2160, did not apply to civil license suspensions and trial court did not abuse its discretion in finding police officers testimony more credible than appellants. Affirmed.
The court held that defendants appeal should be quashed, because defendants failed to timely file their concise statement of errors pursuant to Pa.R.A.P. 1925(b).
Employer could be held liable for employees conspiracy to commit fraud under theory of respondeat superior, where public policy preferred placing responsibility for injury upon principal of tortfeasor agent rather than innocent party, and where participation of third-parties precluded intracorporate conspiracy doctrine. Defendants motion for summary judgment denied.
Publication Date: 2018-03-06 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Wojcik Attorneys:For plaintiff: for defendant: Case Number: 18-0222
Parole board correctly added remainder of original sentence, restarting from date of offenders return to the boards custody, following the offenders violation of parole. Order of the Board of Probation and Parole affirmed; counsels application to withdraw granted.
Trial court erred in reversing zoning hearing boards denial of a special exception to put up a 150-foot wireless communications tower because tower company failed to show that it was licensed by the FCC to operate the towers. Reversed.
A jury verdict in favor of plaintiff, which represented a middle ground between the economic ranges proffered by the parties experts, did not shock the courts sense of justice or represent a plainly excessive or exorbitant award to plaintiff, who could not work as a cosmetologist as she had planned. The court denied defendants motion for remittitur.