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Publication Date: 2024-09-13 Practice Area:Family Law Industry: Court:Supreme Court Judge:Justice Dougherty Attorneys:For plaintiff: for defendant: Case Number: 108 MAP 2023
Trial court had jurisdiction to issue predicate findings for special immigrant juvenile status when making a custody determination that granted sole custody to one parent. Order of the superior court reversed and remanded.
The court granted plaintiff's motion for class certification pursuant to Pa. R. Civ. P. 1710 with respect to claims for violation of the Philadelphia Fair Criminal Record Screening Standards Ordinance.
Publication Date: 2024-09-13 Practice Area:Trusts and Estates Industry: Court:Superior Court Judge:Judge Lane Attorneys:For plaintiff: for defendant: Case Number: 892 EDA 2023
Court erred in dismissing fiduciary action under the doctrine of lis pendens where plaintiff's separate pending objections to her guardian's accounting involved different claims and parties. Order of the trial court reversed, case remanded.
Petitioner sought review of an administrative order adopting an administrative law judge's recommendation and dismissing as untimely its appeal from certain agency actions. The court affirmed, holding that by merely asserting lack of notice below, petitioner failed to overcome the presumption of service under the mailbox rule and demonstrated no basis for nunc pro tunc relief after its failure to timely appeal the disputed agency decisions. The court held further that petitioner waived its various arguments by failing to present them,
Publication Date: 2024-09-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 511 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss charges due to a violation of his speedy trial rights. The court vacated the order and remanded for trial, holding that appellee suffered no speedy trial violation when two periods of excludable delay were included in the timeline between Commonwealth's filing of charges and appellee's scheduled trial date.
Publication Date: 2024-09-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 1244 WDA 2023
Defendant appealed from the trial court's judgment of sentence entered on his conviction of resisting arrest. The court affirmed, holding that evidence of defendant's vigorous physical resistance when being detained by police supported his conviction for resisting arrest where defendant's behavior plainly subjected the officers to a risk of serious bodily injury.
Appellant's convictions of two Hobbs Act robberies and two gun charges pursuant to 18 U.S.C. § 924(c) were affirmed despite a finding that the district court erred in giving a jury instruction that an attempted Hobbs Act robbery was a crime of violence.
Matthew Puccio, a sales representative for Rep Network, appealed his conviction for conspiracy to commit healthcare fraud, arguing that the district court erred in instructing the jury on willful blindness and in applying a managerial role enhancement under Sentencing Guideline § 3B1.1.
College's in-depth investigation of sexual assault claim supported the reasonableness of going three times over the standard investigation period, demonstrating that college did not act with deliberate indifference in violation of Title IX. Judgment of the district court affirmed.