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Plaintiff brought a shareholder derivative action against defendants for usurpation of corporate opportunity and related claims. The court found in favor of plaintiff upon trial, concluding plaintiff's son, as majority shareholder in the family business, usurped corporate opportunity and breached his fiduciary duties by unilaterally diverting a project from the family business to his own company.
Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.
Court rejected motion to exclude damages expert's report where defendants' objections to the report went to weight and credibility rather than fit and reliability. Defendants' motion to exclude denied, parties' motions to seal granted.
Defendant filed preliminary objections to plaintiff's complaint for collection of a delinquent credit card account. The court denied defendant's preliminary objections in part, concluding plaintiff's complaint was sufficiently specific where an exhibit depicted all pertinent purchases and payments to the account, with details regarding dates and locations where purchases were made, and the complaint included a copy of plaintiff's alleged written account agreement. The court granted the preliminary objections in part and dismissed plai
Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.
Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.
Defendant moved for summary judgment in plaintiff's Fair Debt Collection Practices Act action asserting use of deceptive and misleading representations to collect a debt and court found plaintiff's assertions, that affidavits defendant relied on were made without personal knowledge, failed because declarants indicated their familiarity with the information addressed in their declarations in a manner sufficient for court to treat them as qualified witnesses. Motion granted.
Publication Date: 2024-03-01 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Colins Attorneys:For plaintiff: for defendant: Case Number: 1464 WDA 2022
Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.
Publication Date: 2024-03-01 Practice Area:Real Estate Industry: Court:Commonwealth Court Judge:Judge Leavitt Attorneys:For plaintiff: for defendant: Case Number: 16 C.D. 2023
Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.
City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.