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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Court overruled defendant's preliminary objections to insurance liquidator's action seeking to void money transferred by defendant under a supersedeas bond because court found that contrary to defendant's argument, insurer's liability for the judgment underlying the action was not contingent upon the order affirming the case but insurer's liability attached as soon as the district court entered its Nov. 30, 2020 court order. Preliminary objections overruled.
Publication Date: 2024-03-01 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Covey Attorneys:For plaintiff: for defendant: Case Number: 543 M.D. 2022
Court lacked jurisdiction to consider petition seeking to invalidate mandatory life without parole sentences for 18-year-olds as violative of the Eighth Amendment and the Pennsylvania Constitution, as such a petition was only cognizable under the Post Conviction Relief Act and thus was untimely. Attorney General's preliminary objection sustained, case dismissed.
The court addressed appellant's petition for appeal from appellee's notice disqualifying his commercial driver's license for one year by finding that PennDOT was effectively punishing appellant twice for the same DUI conviction which was not permitted under 75 Pa. C.S.A §1611(a). Appeal sustained and disqualification rescinded.
Trial court reversed order transferring venue where defendants failed to identify proposed witnesses and link their evidence to the potential defense in support of their claim of hardship. Order of the trial court reversed, case remanded.
Acting Secretary of Education's determination that petitioner be terminated from his position as a tenured professional employee was based on substantial evidence that supported the necessary factual findings and school district complied with the procedural requirements of the school code. Affirmed.
In this §1925(a) opinion, the court asked the Commonwealth Court to affirm its Sept. 20, 2023, order sustaining appellee's appeal of the suspension of his driver's license where there was no evidence that the state trooper, who arrived on the scene of a crash on I-95 and arrested appellee, ever saw appellee driving while under the influence of alcohol.
District court properly denied defendant's motion to suppress evidence found in a vehicle search because trooper had reasonable suspicion of criminal activity when he extended the length of the stop and sent for a drug detection dog. Affirmed.
Plaintiff moved to dismiss defendant employer's counterclaims and court found defendant employer waived its argument for commercial disparagement, plaintiff's communication regarding the litigation and a temporary restraining order was protected by the fair reporting privilege and defendant failed to state a claim for tortious interference with existing and prospective contractual relationships. Motion granted.