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Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Wilson
Attorneys: For plaintiff:
for defendant:
Case Number: 1:22-CR-00237-6
Defendant moved to exclude evidence found inside his car's battery and court found the search of the battery violated defendant's Fourth Amendment rights but court declined to suppress the evidence because officers acted in good faith. Motion denied.
Publication Date: 2024-03-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 00367
The trial court served notice that its Jan. 10, 2023 order granting appellants' appeal would serve as its §1925(a) opinion in the case in which intervening appellee Ganos, LLC unsuccessfully sought to subdivide one parcel with conforming structures into two lots with nonconforming structures including a flag lot 15 feet wide that did not meet the minimum lot width restriction of 75 feet as required within Philadelphia Zoning Code §§14-701-1 et seq.
Publication Date: 2024-03-15
Practice Area: Energy and Natural Resources
Industry: Energy | Food and Beverage | Mining and Resources | Real Estate
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 10 MAP 2023
Superior court properly found that KEM's accounting claim relating to an oil and gas lease payment was a statutory claim for an accounting between co-tenants under 68 P.S. §101 and the statute of limitations for such a claim was six years. Affirmed.
Publication Date: 2024-03-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Wood
Attorneys: For plaintiff:
for defendant:
Case Number: 5508 CV 2023
Appellant homeowners appealed appellee Hamilton Township Zoning Hearing Board's denial of their application to permit short-term rentals of their as a nonconforming use. Appeal denied.
Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 6 EAP 2023
Post Conviction Relief Act courts should stay rather than dismiss timely petitions filed during the pendency of a facially untimely direct appeal pending resolution of the timeliness of the direct appeal, as such resolution was necessary to determine whether the PCRA court had jurisdiction. Order of the superior court reversed, case remanded.
Law Journal Press | Digital Book
Authors: RICHARD L. MCMONIGLE, JR., BRYAN M. SHAY, JEFFREY M. BRENNER
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Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-cv-04433-JDW
Court declined plaintiff's motion to proceed anonymously to prevent his current employer from learning of his chronic health condition, where plaintiff's claimed fears were largely economic in nature and required the unreasonable assumption that plaintiff's employer would break the law by terminating him due to his disability. Plaintiff's motion to proceed anonymously and seal the record denied.
Publication Date: 2024-03-15
Practice Area: Civil Rights
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-2261
Defendant landlord moved to dismiss plaintiff tenant's discrimination and retaliation claims based on disability, failure to accommodate and the Fair Housing Act and court found plaintiff offered little more than conclusory allegations, apartment complex was not a place of public accommodation within the Americans with Disabilities Act and court dismissed the ADA claims with prejudice and granted leave to amend the FHA claims. Motion granted.
Publication Date: 2024-03-15
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 398 WDA 2023
Appellant challenged an involuntary commitment order and court found there was sufficient evidence in the record to justify orphans' court's finding that appellant should be involuntarily committed, despite appellant's threat being silent as to exactly when he was going to shoot his stepbrother. Affirmed.
Publication Date: 2024-03-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 855 WDA 2023
Grandparents' supervised physical custody was insufficient to constitute "physical custody" giving them the status of a "person acting as a parent" and thus their residency in Pennsylvania was insufficient to confer continuing jurisdiction over the custody matter to the Pennsylvania courts. Order of the trial court affirmed.
Publication Date: 2024-03-15
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 004198-CV-2023
Plaintiff filed an action to eject defendant from residential real property. The court granted an order of ejectment where defendant and his family entered the unoccupied property as squatters and had no legal right to remain in possession of the premises.
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