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There was no reasonable basis to conclude that anyone at the bank where plaintiffs served defendant with process had either actual authority to accept service of process on defendants behalf or a relationship from which such authority could be inferred. The court denied plaintiffs motion for remand.
Trial court erred in failing to instruct jury on per se negligence and pedestrians duties under vehicle code where evidence supported finding that plaintiff pedestrian had stepped into the street. Order of the trial court reversed, case remanded for new trial.
Where defendant was specifically put on notice that his work release sentence was based upon eligibility and was not an automatic sentence, he failed to establish an unlawfully induced plea and ineffectiveness of plea counsel. The court recommended affirmance of an order denying defendant relief under the Post Conviction Relief Act.
Respondent judge was disbarred after he resigned his judicial commission and was convicted for stealing cocaine from the evidence locker in his courtroom and using it for recreational purposes while the founder and sitting judge of the drug court, obstructing administration of law and misapplication of entrusted property because respondents grievous conduct far outweighed the mitigation evidence he offered, it severely diminished the publics confidence in the judiciary and respondent offered no causal connection between his addictio
Board properly held that claimant was not eligible for unemployment benefits since he quit his job without a necessitous and compelling reason when he failed to notify his staffing agency employer of his availability for work as required by employers policy. Affirmed.
Trial court erred in vacating an arbitration award granting a gift day on the grounds that it did not draw its essence from the CBA because the CBA did not contain a broad integration clause, the arbitrator could interpret the CBA as including past practice, the gift day was past practice and the public policy exception to the essence test did not apply. Reversed.
An employer who collected funds for a company outing at which alcohol was served qualified as a social host and was not liable under the Dram Shop Act. An employee who consumed alcohol at the company outing could not hold the company liable as a joint tortfeasors after he injured someone in a motor vehicle accident. The court granted motions for judgment on the pleadings in favor of the employer.
Property owned that retained ownership of land used for condominium development, expressly identified itself as declarant, and expressly warranted construction was liable as declarant under Uniform Condominium Act. Judgment affirmed in part and vacated in part, case remanded for recalculation of damages.
Publication Date: 2018-02-06 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Baer Attorneys:For plaintiff: for defendant: Case Number: 18-0106
Brady violation claim dismissed where trial counsel obtained and utilized evidence of commonwealth witnesses legal troubles and subsequent favorable treatment following their cooperation as means to impeach their testimony, since additional impeachment evidence would merely have been cumulative. Order of the PCRA court affirmed.
Publication Date: 2018-02-06 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Strassburger Attorneys:For plaintiff: for defendant: Case Number: 18-0101
The trial court did not err in terminating mothers parental rights where mother and her two children had an undisputed bond, but the record supported the conclusion that the bond was unhealthy given mothers mental health problems, continued drug use and ongoing criminal problems. The appellate court affirmed an order terminating mothers parental rights.