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Publication Date: 2024-10-25 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Mundy Attorneys:For plaintiff: for defendant: Case Number: 11 MM 2023
"Proof evidence or presumption great" standard of proof only applied to the dangerousness exception to the constitutional right to bail, not to the capital punishment or life imprisonment exceptions. Order of the trial court vacated, case remanded.
City engaged in a de facto taking where it delayed remediation of landslide that ultimately caused structural damage to homeowners' properties as the city attempted to strongarm owners into waiving their rights against the city. Order of the trial court affirmed.
The court affirmed the order of the Luzerne County Court of Common Pleas that concluded that it lacked subject matter jurisdiction over appellant's petition for review of the determination of his retirement benefits when the police union's collective bargaining agreement with the City was the exclusive method of challenging his retirement benefit. It found appellant had standing to grieve his pension benefits under the CBA, and erroneously petitioned the trial court for an appeal rather than engage in the CBA's grievance and arbitrat
In this § 1925(a) opinion, the court justified its decision granting judgment to appellants for the investment funds and to appellee for title to decedent's residence in a dispute between surviving siblings.
Publication Date: 2024-10-25 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Dumas Attorneys:For plaintiff: for defendant: Case Number: 520 C.D. 2023
Where parolee remained detained within Pennsylvania, parole board's failure to hold revocation hearing within 120 days of receiving official verification of conviction on new charges rendered the hearing untimely. Order of the parole board reversed.
In this § 1925(a) opinion, the trial court urged the Superior Court to affirm its decision dismissing an action commenced by appellant as frivolous, energy-draining litigation that should not be allowed to continue any further.
Court affirmed conditional use approval with conditions where such conditions were reasonably related to ensuring that applicant met conditions for conditional use to expand its dining facilities on previously approved concrete pad. Order of the trial court affirmed.
Publication Date: 2024-10-25 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 539 MDA 2023
Evidence was sufficient to convict for DUI where footage demonstrated driver's lack of balance, slurred speech, and admission to consuming prescription medication. Judgment of sentence affirmed.
The court granted plaintiffs' motion for class certification under Fed. R. Civ. P. 23 and appointed plaintiffs' counsel to serve as class counsel in a case challenging defendant's compliance with the Pennsylvania Minimum Wage Act. It held in abeyance its decision of whether to approve the proposed class notice and notice protocols in favor of a "meet and confer" approach.