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Failure of several candidates to file affidavits did not affect the validity of the candidacy of individuals seeking election to other offices who had submitted their candidate affidavits. Petition to strike denied in part and dismissed as moot in part.
The court urged the Superior Court to dismiss plaintiff's appeal of the court's order denying plaintiff's motion for recusal for want of appellate jurisdiction and noted that its decision on the recusal motion was based on established principles of law.
The court denied appellants' appeal of the Zoning Board's decision affirming an enforcement notice directing appellants to cease using their property as a multi-family dwelling in an "A" zoning district.
ALJ properly denied appellant's claim for Social Security disability benefits and found he could do light work because 20 C.F.R. §404.1520c(c) complied with the statute by requiring ALJs to explain their dispositive reasons and there was substantial evidence to support the ALJ's decision about how much weight to give each medical opinion. Affirmed.
Defendant rideshare company moved to dismiss plaintiff driver's complaint alleging breach of contract for failure to provide uninsured motorist coverage. The court denied the motion, holding that plaintiff plausibly alleged that defendant's ambiguous driver service contract incorporated a promise of uninsured motorist coverage as set out in defendant's separate Driver Guidebook.
Court declined to dismiss complaint challenging trademark where there was a factual dispute regarding the validity of defendant's affidavit to establish the incontestability of its registered trademark. Defendant's motion to dismiss denied.
Publication Date: 2024-10-04 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 2320 EDA 2023
Appellant appealed the trial court's order dismissing his petition under the Post Conviction Relief Act. The court affirmed, holding that the PCRA court erred by considering the merits of appellant's fatally untimely ineffectiveness of counsel claims. The court held further that the PCRA court properly denied appellant's claim seeking a new trial on the basis of after-acquired evidence where appellant failed to show that the evidence, consisting of unrelated disciplinary action against a testifying police officer, would likely result
Negligence verdict against employer in asbestos exposure case was not against weight of evidence where plaintiff presented sufficient evidence of exposure and employers had a heightened duty to protect employees from known workplace hazards. Orders of the trial court affirmed in part and reversed in part.
Defendants sought reconsideration of the court's order precluding their tendered expert testimony regarding the source of defects in a truck engine that plaintiff had rebuilt. The court denied the motion, holding that defendants could not introduce expert opinion testimony regarding defects in the rebuilt truck engine where their expert's report did not attribute the defects to plaintiff's work and stated further that no proper diagnosis of the engine could be made without disassembling the unit, which had not been done.
Weight of evidence supported trial court's rejection of will where it discredited fact witness evidence regarding execution of the purported will, allowing the trial court to rely on expert testimony opining that the signature was a forgery. Order of the trial court affirmed.