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Plaintiff landlord sued defendant tenant and related parties for breach of a lease agreement and ejectment. Upon trial to the court, the court found in favor of plaintiff, awarded damages, and granted plaintiff possession of the premises.
Court erred in ordering Post Conviction Relief Act counsel to file a merits brief where defendant suggested he wished to pursue ineffectiveness claims against counsel. Order of the trial court vacated, case remanded.
Appellant Delaware County Department of Human Services appealed the trial court's denial of its motion for summary judgment on the basis of sovereign immunity. The court concluded that its order denying summary judgment should be reversed and appellee's complaint against appellant dismissed. The court held that a county department of human services enjoyed sovereign immunity under the Political Subdivision Tort Claims Act when sued for allegedly negligent oversight giving rise to a minor child's physical and sexual abuse by kinship ca
Publication Date: 2024-08-30 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Olson Attorneys:For plaintiff: for defendant: Case Number: 766 WDA 2023
Retrieving and holding a firearm in a position ready to fire in a group of juveniles in an area known for fights and shooting was sufficient to give police reasonable suspicion that the holder of the firearm was engaged in or planned to commit criminal activity. Order of the trial court vacated, case remanded.
Plaintiff filed a pro se complaint alleging claims against defendant under the Fair Credit Reporting Act. The court dismissed the complaint without prejudice for failure to state a claim where plaintiff failed to proffer sufficient factual allegations regarding the alleged inaccuracies in his consumer credit report.
Plaintiff pension plans and defendant energy company and affiliated individuals filed cross-motions for summary judgment in plaintiffs' action for securities fraud. The court partially granted and denied the parties' motions, holding in pertinent part that plaintiffs could prove loss causation only as to defendant's misrepresentations regarding the capacity and build-out timeline for a planned pipeline, and no reasonable jury could find loss causation as to defendant's remaining challenged corrective disclosures.
Court properly amended judgment to substitute owner of non-legal business entity in judgment where the owner knew of the action by signing the answer verification and would have been named as the defendant but for a mistake in the identity of the proper party. Order of the trial court affirmed.
The court granted summary judgment to defendant resort on a personal injury claim by plaintiff alleging alleged he contracted a fungal infection after using a hot tub in his room.
After a non-jury trial of a breach of contract claim for a failure to make loan payments, the court found in favor of defendant and dismissed plaintiff's claim, finding there was no documentation in evidence of a loan application or loan agreement with repayment terms signed by the defendant.