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Defendants filed preliminary objections to plaintiffs' complaint alleging negligence that resulted in sexual abuse of a child. The court sustained defendant First Judicial District's preliminary objections and overruled those of defendant City of Philadelphia. The court held that defendant FJD fell outside the Sovereign Immunity Act's waiver of sovereign immunity because it was not a Commonwealth agency encompassed by the waiver. The court held that defendant City did not enjoy sovereign immunity because plaintiffs' case fell within t
Trial court erred in dismissing appellant's appeal of summary convictions for violations of 34 Pa. Code §§403.62 and 403.81 based on a failure to appear because court could not conclude that the procedural safeguards set forth in the Pennsylvania Rules of Criminal Procedure were applied and that appellant had notice of the hearing. Vacated.
The court granted in part and denied in part plaintiff's motion for attorneys' fees under 28 U.S.C. § 1927, Local Civil Rule 83.6.1(b), and the court's inherent authority against Rosen Law LLC and its client, defendant Papers Unlimited.
Defendant airline moved to dismiss plaintiffs' complaint for failure to state a claim. The court granted the motion in part and denied it in part, holding that plaintiffs stated claims for breach of contract and false light invasion of privacy where they alleged that defendant's personnel failed to assist them in finding overnight accommodations after escorting them off a fully-boarded flight against their will and without any justification.
The court struck the conditions for documentation of ownership and payment of a fee, sustaining two objections of appellants who challenged appellee's granting their conditional use application for the construction and operation of a solar farm.
Appellants appealed the court's order granting appellees' motion for consolidation and transfer of their action to Lackawanna County. The court concluded that its order should be reversed, as appellants had brought their wrongful death and survival actions in one case, thus negating the issue of consolidation and transfer under Pa. R. Civ. P. 213(e), and the status of the Lackawanna County action was unclear.
Unemployment compensation benefits claimant's appeal from determination of ineligibility was untimely where filed beyond the statutory deadline and claimant failed to present evidence overcoming the presumption of the Mailbox Rule. Order of the Unemployment Compensation Board of Review affirmed.
Publication Date: 2024-08-30 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 1481 MDA 2023
Appellant appealed a fine imposed after his conviction of a summary offense relating to vehicle window tint. The court affirmed, holding that appellant was properly convicted of the summary offense of having unlawfully dark window tinting on his vehicle after a patrol officer pulled appellant over and performed a window tint check.
Taxpayer appealed the trial court's order upholding a school district's reliance on a monetary threshold for deciding which property tax assessments to appeal on a cost-effective basis. The court affirmed, holding that the school district's policy did not result in a per se violation of the Pennsylvania Constitution's Uniformity Clause, nor was the policy in violation of the clause as applied by the district.