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Court granted injunctive relief for tuition reimbursement where parents sought to maintain child's placement pending resolution of due process action. Motion for automatic injunctive relief granted.
The court denied defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and 12(b)(1) in a putative class action involving alleged overtime violations of the Fair Labor Standards Act and the Missouri Minimum Wage Laws.
The court denied defendant's motion for summary judgment in a slip and fall case finding there was a genuine issue of material fact as to whether the hills and ridges doctrine applied.
Publication Date: 2024-09-20 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 62 EDA 2024
Appellant appealed the trial court's judgment of sentence entered on his multiple convictions arising from a traffic stop. The court reversed the trial court's denial of appellant's motion to suppress, vacated judgment of sentence, and remanded, holding that no exigent circumstances of officer or public safety supported the warrantless search of appellant's vehicle, which was suspected of having a firearm inside, where appellant and his passenger had been removed from the vehicle and secured at the scene in handcuffs.
Intentional infliction of emotional distress and defamation claims against media outlets failed where news articles did not mention plaintiff or state inaccurate information about him. Defendants' motion to dismiss granted.
The court granted the Pennsylvania Human Relation Commission's motion to intervene as a defendant in defendant Boddie's complaint that plaintiff's Uber's background check policy was racially discriminatory. The court dismissed plaintiff's motion to compel arbitration that sought to enforce an arbitration agreement to halt an investigation by the Pennsylvania Human Relations Commission which sought to re-open an old investigation into Uber as a means of avoiding the statute of limitations.
Third-party news organization moved to intervene in plaintiff's wrongful death action and to unseal settlement documents that had been filed under seal. The court denied the motion, holding that the documents should remain sealed where they contained purely financial settlement information that could intensify existing risks of harassment and potential harm to plaintiff and his young child.
Publication Date: 2024-09-20 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 765 WDA 2023
Appellant appealed the trial court's judgment of sentence on his convictions for possession with intent to deliver and other narcotics crimes. The court affirmed, holding that appellant failed to demonstrate sentencing error where the trial court imposed guideline sentencing after a hearing in which appellant's counsel emphasized mitigating evidence regarding appellant's background and rehabilitation.
The court ruled on defendant's motion to compel discovery and request to determine sufficiency of admissions by granting the motion in part and denying it in part.