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Publication Date: 2024-10-25
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1437 C.D. 2023
City engaged in a de facto taking where it delayed remediation of landslide that ultimately caused structural damage to homeowners' properties as the city attempted to strongarm owners into waiving their rights against the city. Order of the trial court affirmed.
Publication Date: 2024-10-25
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 1063 C.D. 2023
The court affirmed the order of the Luzerne County Court of Common Pleas that concluded that it lacked subject matter jurisdiction over appellant's petition for review of the determination of his retirement benefits when the police union's collective bargaining agreement with the City was the exclusive method of challenging his retirement benefit. It found appellant had standing to grieve his pension benefits under the CBA, and erroneously petitioned the trial court for an appeal rather than engage in the CBA's grievance and arbitrat
Publication Date: 2024-10-25
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Bright
Attorneys: For plaintiff:
for defendant:
Case Number: 00821
In this § 1925(a) opinion, the court justified its decision granting judgment to appellants for the investment funds and to appellee for title to decedent's residence in a dispute between surviving siblings.
Publication Date: 2024-10-25
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 520 C.D. 2023
Where parolee remained detained within Pennsylvania, parole board's failure to hold revocation hearing within 120 days of receiving official verification of conviction on new charges rendered the hearing untimely. Order of the parole board reversed.
Publication Date: 2024-10-25
Practice Area: Litigation
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Bright
Attorneys: For plaintiff:
for defendant:
Case Number: 02932
In this § 1925(a) opinion, the trial court urged the Superior Court to affirm its decision dismissing an action commenced by appellant as frivolous, energy-draining litigation that should not be allowed to continue any further.
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Authors: Michael D. Malfitano
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Publication Date: 2024-10-25
Practice Area: Land Use and Planning
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 818 C.D. 2023
Court affirmed conditional use approval with conditions where such conditions were reasonably related to ensuring that applicant met conditions for conditional use to expand its dining facilities on previously approved concrete pad. Order of the trial court affirmed.
Publication Date: 2024-10-25
Practice Area: Bankruptcy
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2944
John McDonnell, as the Chapter 7 trustee, appealed the district court's judgment.
Publication Date: 2024-10-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 539 MDA 2023
Evidence was sufficient to convict for DUI where footage demonstrated driver's lack of balance, slurred speech, and admission to consuming prescription medication. Judgment of sentence affirmed.
Publication Date: 2024-10-25
Practice Area: Class Actions
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 3:22-CV-1321
The court granted plaintiffs' motion for class certification under Fed. R. Civ. P. 23 and appointed plaintiffs' counsel to serve as class counsel in a case challenging defendant's compliance with the Pennsylvania Minimum Wage Act. It held in abeyance its decision of whether to approve the proposed class notice and notice protocols in favor of a "meet and confer" approach.
Publication Date: 2024-10-25
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 00527
In this § 1925(a) opinion, the trial court urged that its March 4, 2024, order denying appellant's motion for bad faith and attorneys' fees and foregoing his bill of costs be affirmed because it was untimely and lacking in merit.
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