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Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Agriculture | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 969 C.D. 2023
Trial court lacked authority to impose conditions of use on a deemed approval of a zoning variance application, as a deemed approval allowed for nonconforming uses. Order of the trial court affirmed in part and reversed in part.
Publication Date: 2024-06-21
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 2715 EDA 2023
Personal injury plaintiff appealed the court's order granting summary judgment in favor of defendant. The court concluded that its order should be affirmed where plaintiff proffered no evidence that defendant breached its duty of care when it repaired a restaurant's refrigerator door that allegedly came open and struck plaintiff in the leg.
Publication Date: 2024-06-21
Practice Area: Tax
Industry: Education | Real Estate | State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD-19-003054
The court explained its decision to extinguish some claims for unpaid taxes and not others in the sale of property by conservators pursuant to 68 P.S. §1109 of the Pennsylvania Abandoned and Blighted Property Conservatorship Act.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1284 C.D. 2022
Appellant appealed the trial court's order granting appellees' motions and quashing its appeal of a land development decision as untimely with no applicable exception to the 30-day appeal period. The court affirmed where appellant failed to file a timely appeal despite being aware of the relevant ordinances and review process and that appellee property owner's development application had been approved by appellee borough council.
Publication Date: 2024-06-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1393 WDA 2023
Court properly denied appellant's request for a refund of unremitted restitution owed to appellant's mother, as doing so would run contrary to the rehabilitative purposes of restitution and run afoul of equitable principles and public policy. Order of the trial court affirmed.
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Publication Date: 2024-06-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2229 EDA 2022
Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.
Publication Date: 2024-06-21
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Munley
Attorneys: For plaintiff:
for defendant:
Case Number: 3:22cv276
Disability discrimination and retaliation claims were adequately pled where termination that occurred within two weeks of disability accommodation and Family and Medical Leave Act leave requests supported an inference of a causal connection. Defendant's motion to dismiss denied.
Publication Date: 2024-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 828, 829, 830 C.D. 2022
Zoning board erred in denying applicant's requested multi-family use variances for buildings in a single-family residential district that had been used as multi-family dwellings for more than 50 years and court found board's findings and conclusions were not supported by substantial evidence and it abused its discretion in denying the variances. Reversed.
Publication Date: 2024-06-21
Practice Area: Consumer Protection
Industry: Aerospace | E-Commerce
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-1621
Defendant moved to dismiss plaintiff's Pennsylvania Wiretap Act and common law invasion of privacy complaint asserting defendant's website recorded keystrokes and personal information without notice and court found it had jurisdiction over defendant, plaintiff had standing, defendant's acts were arguably covered by the PWA but plaintiff failed to show harm as required for the common law invasion of privacy claim. Motion granted in part and denied in part.
Publication Date: 2024-06-21
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2341 CV 2022
The court entered an award of negligence damages in favor of plaintiff after he suffered a dog attack and obtained default judgment against the dog's owners. Based upon evidence that included plaintiff's medical history and the opinion testimony of plaintiff's expert medical witness, the court awarded plaintiff some $500,000 for pain and suffering, loss of earnings or earning capacity, and future loss of earnings or earning capacity.
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