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judge:"Steven Andrews"
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Student sufficiently alleged Title VI retaliation claim where she was subjected to disciplinary proceeding initiated by professor's allegations of cheating shortly after submitting discrimination complaints against that professor. Defendant's motion to dismiss denied in part and granted in part.
Defamation claims arising from letter authored by party's counsel to outline the party's legal position in response to claims of misconduct were barred by privilege. Defendant's motion to dismiss granted in part and denied in part.
Publication Date: 2024-09-20 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 140 MDA 2024
Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.
Plaintiff moved to certify a class for a Fair Credit Reporting Act Section 1861e(c) claim in his putative class action against defendants. The court denied the motion, holding that plaintiff failed to demonstrate the class certification requirements of numerosity and ascertainability where a credit card issuer had closed thousands of credit card accounts based not only upon adverse reports generated by defendants, but in reliance upon other sources of information as well.
Court denied plaintiffs' motion to compel defendants' election of the subjective beliefs they intended to assert in defense at trial, where plaintiffs had other equally effective means of investigating defendants' intent. Plaintiff's motion to compel denied.
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.