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Trial court had to dispose of party's application for permission for interlocutory appeal to have "acted" on the application; failing to so meant the application was deemed denied, triggering the period for the party to petition for permission to appeal. Defendant's petition for permission to appeal quashed.
Publication Date: 2024-09-27 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Nichols Attorneys:For plaintiff: for defendant: Case Number: 900 WDA 2023
Trial court correctly denied Rule 600 motion where delays attributable to defendant due to his continuances pushed the adjusted run date to after defendant's motion was filed or the entry of his guilty plea. Judgment of the trial court affirmed.
Publication Date: 2024-09-27 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Leavitt Attorneys:For plaintiff: for defendant: Case Number: 1124 C.D. 2023
Time that a parolee was not in custody or accessible to the parole board was excludable from the 120-day deadline for holding a revocation hearing. Adjudication of the parole board affirmed.
Contract exclusion did not bar coverage where claimed losses arose from insured's provision of asset management services, which were expressly excluded from the scope of the policy exclusion. Plaintiffs' motion for summary judgment granted in part, defendant's motion for summary judgment granted in part.
Failure to sign outer envelope of provisional ballot precluded counting of the ballot as the Election Code made the signature a mandatory requirement to ensure the validity of the ballot. Order of the commonwealth court affirmed.
Defendant employer sought summary judgment on plaintiffs' claims of race, color and gender discrimination and retaliation. The court granted the motion in part and denied it in part, holding that plaintiffs failed to present a prima facie claim of discrimination where they suffered under a difficult boss but offered no evidence that they were treated poorly on the basis of their race or sex. The court held further that plaintiffs presented viable claims for retaliation where evidence showed that defendant revoked its offer to transfer
Appellant filed multiple appeals of various of the trial court's orders and an adverse jury verdict in his personal injury action against appellee. The court requested that the appeals be dismissed, holding in pertinent part that appellant's claims were waived for his failure to file a post-trial motion or to mention the issues in his 1925(b) statement. The court held further, that it did not err in granting a defense motion for judgment on the pleadings and dismissing appellant's claims against appellee's wife where appellant alleged
Publication Date: 2024-09-27 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1638 MDA 2023
Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of certain sex crimes. The court affirmed, holding that the trial court did not err in permitting Commonwealth to introduce evidence of appellant's pre-arrest silence where appellant's trial testimony created the impression that he had spoken with police about the allegations against him prior to his arrest.
The court granted petitioner's appeal of a six-month suspension of its license to operate as an Official Safety Inspection Station in part and denied in part.
In its § 1925(a) opinion, the court justified its order denying defendant David Carr's petition to set aside a sheriff's sale of real property in Pittsburgh after plaintiff PNC Bank, as successor by merger to National City Bank, filed a complaint in mortgage foreclosure.