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Commonwealth v. Presher

Publication Date: 2018-02-20
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0170

Trial court erred in applying statutory fingerprinting requirement upon individual following his acquittal on all charges, since the individuals acquittal meant he was no longer a defendant within the meaning of the fingerprinting statute. Order of the trial court reversed.
Doyle v. Monroe Co. Transp. Auth.

Publication Date: 2018-02-20
Practice Area: Employment Litigation | Whistleblower Laws
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0160

Plaintiffs claims for discrimination were under consideration by an administrative agency, so the court dismissed those claims because it lacked jurisdiction. The complaint properly alleged retaliation under whistleblower law, so the court overruled that preliminary objection.
Everetts v. Keegan et al

Publication Date: 2018-02-20
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0157

The court refused to consider defendants untimely amended preliminary objections, filed more than 20 days after plaintiffs compliant, but considered and rejected a challenge to plaintiffs punitive damages allegations as they were sufficient to survive at the preliminary stages of the proceedings. The court sustained defendants preliminary objections in part.
Commonwealth v. English

Publication Date: 2018-02-20
Practice Area: Criminal Law | Discovery
Industry:
Court: Courts of Common Pleas, Lebanon County
Judge: Judge Charles
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0162

In criminal cases, good faith required the commonwealth to turn over electronic files of voluminous discovery materials with a specific index and with exculpatory evidence obviously noted.
J. K. v. Dept of Human Services

Publication Date: 2018-02-20
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0179

ALJ erred on remand by disregarding the unchanged evidentiary record and by failing to relate the change in his credibility determinations to the appropriate standard of proof and glossed over the evidence of taint in childs testimony in stepfathers action for expungement of an indicated report naming him as a perpetrator of child sexual abuse. Reversed.
Nieswiadomy v. Saber Healthcare Group, LLC et al

Publication Date: 2018-02-20
Practice Area: Contracts | Dispute Resolution | Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0156

While defendants failed to persuade the court that the parties agreement evidences an intent to arbitrate the issue of arbitrability, their proposed interpretation of the agreement was not so lacking in support as to warrant the grant of sanctions. The court denied plaintiffs motion for sanctions.
Commonwealth v. Thomas

Publication Date: 2018-02-20
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0172

Trial court erred in suppressing evidence, where defendants furtive movements and refusal to remove hands from pockets, while in a high-crime area, gave officers responding to a call of an individual with a firearm reasonable suspicion to believe defendant may have been armed and dangerous and supported a stop-and-frisk. Order of the trial court reversed, case remanded.
Hay Group Management, Inc. v. Schneider

Publication Date: 2018-02-20
Practice Area: Civil Procedure | Employment Litigation | International Law
Industry: Consulting
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0177

Court granted defendants motion for summary judgment because res judicata barred plaintiffs action asserting that defendant breached his fiduciary and legal duties as their top executive because defendants successful action in Germany over his termination was based on an essential similarity of underlying events and the defendant in the German case was in privity with plaintiffs. Motion granted.
Harris v. Dept of Corrections

Publication Date: 2018-02-20
Practice Area: Civil Procedure | Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0131

Trial court erred in retransferring inmates ADA claim to the commonwealth court because inmates ADA claim fell within 42 Pa. C.S. § 761(a)(1)(v) since he was seeking money damages in a tort action. Reversed.
League of Women Voters of Pa. v. Commonwealth

Publication Date: 2018-02-20
Practice Area: Constitutional Law | Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0174

Free and Equal Elections Clause of Pennsylvania Constitution required that representative districts be compact and contiguous, without breaking up counties and municipalities, and of roughly equal population, which best ensured that each voter in every community had an equally effective opportunity to select representatives of his or her choice. Order of the commonwealth court reversed.

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