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Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.
Appellant appealed the court's order granting appellee's motion to amend the named defendant in appellee's personal injury case. The court concluded that its order should be affirmed where appellant improperly sought to pursue an interlocutory appeal, and where appellant had actively participated in the litigation, which was against a business he operated under a fictious name, long before the statute of limitations on appellee's claim expired.
Defendants filed preliminary objections to plaintiff's amended writ of revival in an action for collection of a medical services debt. The court dismissed the preliminary objections in pertinent part where a decedent's estate was properly served via the attorney who represented her estate administrator in her estate proceedings.
Appellee Philadelphia Community Development Coalition moved to quash appellant's appeal of orders relating to the conservatorship and sale of blighted property and court found appellant did not appeal from any appealable orders. Motion granted.
Parties cross-moved for summary judgment in plaintiff's class/collective action under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act asserting lack of proper tip credit notice and court found defendant's standing argument failed on the law of the case doctrine, a genuine issue of material fact existed as to whether the employees appearing on a tip credit notice list received the tip credit notice, summary judgment was granted to plaintiff and class members who received the other information sheet notices and the wi
Although an at-will employee could assert a tortious interference with business relations claim against third party, a supervisor acting within the scope of their employment did not qualify as a third party. Judgment of the superior court affirmed.
Publication Date: 2024-03-15 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Dougherty Attorneys:For plaintiff: for defendant: Case Number: 4 MAP 2023
Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.
Defendant moved for summary judgment in plaintiff's Title VII, Americans with Disabilities Act and Pennsylvania Human Relations action over his termination for refusing a COVID-19 vaccination and court found plaintiff provided no evidence that his decision to not get vaccinated was borne of religious belief or that defendant discriminated against him when it fired him. Motion granted.
Publication Date: 2024-03-15 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 688 WDA 2023
Mother appealed trial court's orders involuntarily terminating her parental rights to her two children. The court affirmed where evidence amply supported the trial court's conclusion that mother's ongoing substance abuse and mental health issues, despite a year of comprehensive support services, meant that termination of her parental rights would best serve her children's developmental, physical, and emotional needs.