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Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1332 WDA 2023
Appellant appealed from judgments of sentence entered on a jury conviction for burglary and related crimes. The court affirmed, holding that appellant was timely tried for purposes of Pa.R.Crim.P. 600 where he was brought to trial more than two months before his adjusted Rule 600 run date in light of excludable delays that included COVID-19 pandemic court closures.
Publication Date: 2024-08-16
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3797
The court affirmed the district court's order dismissing appellant's civil rights claims for failure to exhaust his state administrative remedies as required by the Prison Litigation Reform Act.
Publication Date: 2024-08-16
Practice Area: Labor Law
Industry: E-Commerce | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 16-573
Both parties filed post-judgment motions after second jury deadlocked on whether plaintiff Uber drivers were misclassified as independent contractors under the Fair Labor Standards Act and court drew on its inherent authority to dismiss this case with prejudice and granted defendant's rule 50(b) motion for relief. Motion granted.
Publication Date: 2024-08-16
Practice Area: Employment Litigation
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3187
Defendant employer sought judgment as a matter of law and related relief after a jury verdict awarding damages on a former employee's age discrimination hostile work environment claim. The court denied defendant's motion, holding in pertinent part that defendant waived its post-trial challenge to a jury interrogatory where defendant's counsel incorrectly argued for, and requested, the jury instruction at trial.
Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 49 WDA 2024
Appellant appealed from the trial court's judgment of sentence entered after resentencing on his guilty pleas to certain crimes. The court affirmed, holding that appellant received "the benefit of his bargain" under his negotiated plea agreement where his new sentence was consistent with what he had agreed to, as corrected to avoid an illegality present in his initial sentencing.
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Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1230 MDA 2023
Court remanded Post Conviction Relief Act case on appeal where defendant alleged that he had been abandoned by PCRA counsel, which supported allowing the PCRA court to hold a Grazier hearing to determine whether defendant wished to be represented by counsel and appoint new counsel if necessary to allow defendant to pursue ineffective assistance claims against current counsel. Case remanded for further proceedings on Grazier claims. Bradley application for remand denied.
Publication Date: 2024-08-16
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 827 C.D. 2020
Pennsylvania Public Utility commission correctly denied customer's request for accommodation from smart meter requirement due to insufficient evidence of adverse health effects from exposure to meters' RF emissions. Order of the PUC affirmed.
Publication Date: 2024-08-16
Practice Area: Real Estate
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 01466
Appellant title company appealed the court's order granting default judgment in favor of appellee property owner. The court concluded that its decision should be affirmed where appellant failed to timely petition to open default judgment, failed to plead a meritorious defense, and failed to demonstrate any legitimate excuse for its failure to appear prior to entry of default judgment against it.
Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 720 MDA 2023
Plea counsel was deficient where she failed to investigate defendant's immigration status and thus failed to advise him of the immigration consequences of his guilty plea, where defendant's priority was to return to work to support his family in the U.S. Order of the Post Conviction Relief Act court reversed, conviction vacated.
Publication Date: 2024-08-16
Practice Area: Labor Law
Industry: Construction
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Baxter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-333 ERIE
Plaintiff's hostile work environment and wrongful termination claims failed where they were based on his unfounded speculation and subjective belief regarding defendant's racial animus. Defendant's motion for summary judgment granted.
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