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Defendants moved to dismiss plaintiff's action alleging violations of Fair Labor Standards Act, Title VII, Americans with Disabilities Act, Pennsylvania Human Relations Act, Pregnancy Discrimination Act and Providing Urgent Maternal Protections for Nursing Mothers Act and court found her PUMP act and ADA claims failed but her other claims were supported by sufficient factual allegations. Motion granted in part and denied in part.
Mere compliance with federal laws or regulations in the operation of one's business did not constitute "acting under" the federal government for purposes of removal. Order of the district court affirmed.
Defendants sought summary judgment on plaintiffs' complaint alleging improper use of plaintiffs' proprietary information to poach customers. The court held, among other things, that plaintiffs had no claim for breach of confidentiality or conversion where they allowed defendants free access to their customer information system during negotiations about the sale of plaintiffs' business. Motion granted in part and denied in part.
Publication Date: 2024-03-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Sullivan Attorneys:For plaintiff: for defendant: Case Number: 2429 EDA 2021
Court overturned restitution order where trial court failed to specify the method of restitution at the sentencing hearing. Judgment of sentence affirmed in part and vacated in part.
Trial court erred in denying landowners' requested variance on the grounds the de minimis doctrine was restricted to dimensional variances and court found a use variance could be de minimis. Reversed.
Landowner was not required to file a timely appeal from an enforcement notice that failed to comply with the notice requirements under the Municipalities Planning Code as the MPC's time limits were intended to protect appellants from municipalities' dilatory behavior or misconduct. Order of the trial court affirmed.
In its §1925(a) opinion, the court urged that its decision to transfer venue be affirmed.
Plaintiff, a Delaware County resident, asserted claims of breach of contract and negligence stemming from mold issues in her apartment in her fifth amended complaint. Defendants Valleybrook at Chadds Ford Apartments, Glacier/Chadds Ford Apartments and ServPro are located in Delaware County. Defendant GREP Atlantic has a registered address in Dauphin County. Various defendants moved to strike Greystar Worldwide LLC from the case and to transfer t
The court, in a §1925(a) opinion, defended its grant of an emergency motion for preliminary injunction in a case in which plaintiffs had filed a complaint to set aside corporate action pursuant to 15 Pa.C.S.§5101, et seq.
Publication Date: 2024-03-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Olson Attorneys:For plaintiff: for defendant: Case Number: 2849 EDA 2022
Municipal court erred in suppressing breathalyzer results as fruit of an illegal arrest where the court failed to consider totality of circumstances which supported a finding of probable cause. Order of the municipal court vacated, case remanded.
Plaintiff appealed the district court's order granting reconsideration and entering summary judgment for defendants, her former employer, on her claims for overtime pay.