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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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Defendant challenged plaintiffs' request for attorney's fees after the court granted plaintiffs' motion for sanctions due to defendant's litigation misconduct. The court concluded in pertinent part that the reasonable hourly rates for plaintiffs' experienced attorneys in connection with plaintiffs' motion for sanctions was $771.75 per hour, which was the bottom range of the Community Legal Services of Philadelphia fee schedule for attorneys with more than 25 years of experience, adjusted for inflation.
Defendant law firm filed preliminary objections to plaintiff's complaint for breach of contract and unjust enrichment arising out of defendant's failure to pay for advertising services. The court overruled the preliminary objections where the factual averments in plaintiff's lengthy complaint, together with over 300 pages of supporting exhibits, sufficiently apprised defendant of plaintiff's claims and essential supporting facts.
Publication Date: 2024-08-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 432 WDA 2023
Commonwealth appealed the trial court's order granting defendant's motion in limine to preclude "other bad acts" evidence from being introduced in defendant's criminal homicide trial. The court affirmed in part and reversed in part, holding that the trial court did not err in excluding evidence showing that defendant shot a witness to his crime while they were both in another state, but that the trial court did err in excluding evidence that defendant fled to that state after committing his alleged Pennsylvania crime.
Court declined to dismiss §§1981 and 1982 claims where minority plaintiff alleged that she was followed and screamed at by store employees who admitted that she "didn't look like a customer" and looked like people who had recently committed thefts in the store. Defendant's motion to dismiss denied in part and granted in part.
District court erred in granting summary judgment to district attorney and city in appellant's action challenging the denial of her request for a religious exemption from a COVID-19 vaccine mandate because a jury needed to determine whether the district attorney's office could have accommodated appellant or other similarly situated religious objectors. Vacated.
Publication Date: 2024-08-09 Practice Area:Public Records Industry: Court:Commonwealth Court Judge:Judge Dumas Attorneys:For plaintiff: for defendant: Case Number: 1445 C.D. 2022
The Philadelphia District Attorney's Office appealed from the trial court's order granting a requester's statutory appeal and ordering the production of records pursuant to the Right-to-Know Law. The court vacated and remanded for the trial court to issue a decision containing findings of fact, conclusions of law, and an articulated and reasoned basis for its disposition.
Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.
Publication Date: 2024-08-09 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 1735 EDA 2023
Trial court correctly dismissed protection from abuse petition based on evidence of alleged child abuse that had been litigated in a prior PFA petition and deemed unfounded by the court and law enforcement/child protection agencies. Order of the trial court affirmed.