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Court correctly granted unpaid rent up to repossession of premises where landlord had followed the statutory eviction procedures and thus could not recover rent after tenant turned over possession. Order of the trial court affirmed.
Appellant appealed his conviction for violating the federal threats statute, contending his threats to injure "others" were constitutionally protected speech, and court found his threats toward "others" were sufficiently particularized and, even if error occurred, it would not have been obvious, would not have affected appellant's substantial rights or the fairness, integrity or reputation of the proceedings. Affirmed.
After the court voted to deny en banc rehearing, a dissenting opinion contended that en banc review was necessary to bind the court to the panel majority's ruling that was contrary to circuit precedent and further argued that the panel's ruling was erroneous. Sur petition denied.
Publication Date: 2024-04-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 853 MDA 2023
PCRA court could base ruling on remand on the existing evidentiary record after conducting colloquy to confirm that defendant's waiver of counsel was knowing and voluntary, and where defendant did not object to the PCRA court's determination or request a new evidentiary hearing on remand. Order of the PCRA court affirmed.
Defendant moved to dismiss plaintiff's Fair Debt Collection Practices Act claim over collection of homeowner's association assessments and court found the Rooker-Feldman doctrine did not apply and plaintiff stated a plausible FDCPA claim in asserting the account statement she was sent was edited by defendant to include additional fees separate from the state judgments and those edits were not disclosed. Motion denied.
The court denied the Applicants for Lehigh Valley Steam Academy Charter School's Emergency Petition to certify petition for appeal because the petition was 99 entries short of the number required.
The court granted in part and denied in part defendant nursing home's preliminary objections to the complaint filed by the administrator of decedent's estate.
Plaintiffs moved to seal the entire record in proceedings on their praecipe for writ of summons, which centered on alleged acts upon a minor child who attended defendant charter school. The court denied the motion where plaintiffs sought to seal the record not on the basis of good cause shown, but merely to avoid the burden of complying with the Case Records Public Access Policy.
Plaintiff moved for a permanent injunction and a supplemental motion for expedited permanent injunctive relief based on continued trade secret misappropriation after jury found in its favor in a misappropriation of trade secrets action and court found plaintiff failed to meet its burden of demonstrating that it was entitled to the extraordinary relief of a use or a production injunction. Motions denied.