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judge:"Steven Andrews"
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Publication Date: 2024-08-02 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 1495 WDA 2022
Trial court erred in reducing spouse's equitable distribution of ex's military pension where spouse's distributed share of the marital portion of the pension would still be less than the 50 percent limit on distributions to divorced spouses. Decree of the trial court affirmed in part and vacated and remanded in part.
Bath Iron Works Corporation appealed the district court's reversal of a Bankruptcy Court's order to reopen a closed bankruptcy case of Congoleum Corporation.
In this § 1925(a) opinion defending the court's grant of defendant's motion to amend judgment, the court pronounced itself "shocked" at the effort of plaintiff's counsel to advance his own misinterpretation of the court's order in an effort to recover $43,300 more for his client than what the court ordered and asked for sanctions.
Court dismissed self-incrimination and unreasonable search claims where plaintiff had never been charged with a crime and his school district employer's search of employer-provided electronic devices was reasonable as part of its investigation into whether plaintiff had participated in a violent riot or associated with extremist groups. Defendants' motion for summary judgment granted in part.
Defendants pediatrician and hospital filed preliminary objections to plaintiffs' medical malpractice complaint alleging injuries to their newborn child. The court overruled the preliminary objections, concluding plaintiffs stated vicarious liability claims against defendants, stated prima facie malpractice claims with allegations of recklessness necessary to support a claim for punitive damages, and set out claims that were factually sufficient to inform defendant hospital of the claims it would have to defend.
Defendant rideshare company moved to dismiss plaintiff's complaint arising from a driver's alleged sexual assault. The court granted the motion, largely without prejudice, holding that plaintiff failed to allege actionable claims for negligent supervision where she alleged for the first time in opposition to defendant's motion that its driver was the subject of four prior passenger complaints. The court held further that plaintiff failed to allege a claim of negligent undertaking absent assertion of a "specific undertaking" by defenda
Plaintiff sought relief from the court's order of dismissal for her failure to timely serve defendant with her complaint. The court denied relief, holding that the excuse proffered by plaintiff's counsel, namely that she was a solo practitioner with a busy schedule, failed to demonstrate good cause or excusable neglect for her failure to timely serve defendant.
Parties claiming ownership of levied property had standing to file a petition to set aside based on an untimely levy following issuance of the writ off execution. Order of the trial court vacated.