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Publication Date: 2024-04-12 Practice Area:Trusts and Estates Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 1843 EDA 2022
Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.
Publication Date: 2024-04-12 Practice Area:Trusts and Estates Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 2006 EDA 2022
Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.
Trial court properly concluded it lacked subject matter jurisdiction over action seeking an adjudication that railroad's tracks on plaintiff's property had been abandoned because Surface Transportation Board had held that railroad was a rail carrier and its railroad tracks on the plaintiff's property were within the exclusive jurisdiction of the STB. Affirmed.
Defendants filed preliminary objections to plaintiff's amended complaint. The court sustained in part and overruled in part defendants' objection regarding scandalous and impertinent material, and it overruled defendants' objection regarding specificity.
Appellant appealed the denial of his 28 U.S.C. §2255 motion challenging his sentence and court found statutory text, record, and precedent showed 18 U.S.C. §2113(d) was a divisible statute and armed bank robbery was a crime of violence. Affirmed.
Defendant sought summary judgment in plaintiff's action alleging violations of Title VII and the Pennsylvania Human Relations Act arising out of prospective employment. The court granted summary judgment in favor of defendant where plaintiff failed to demonstrate any causal connection between her request for a COVID-19 vaccination religious exemption and defendant's decision to end ongoing employment negotiations.