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Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 30 MDA 2024
Appellant was not entitled to credit for time served in in-patient substance abuse treatment facility that defendant voluntarily entered, which lacked the hallmarks of a custodial arrangement. Judgment of sentence affirmed.
Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Dougherty Attorneys:For plaintiff: for defendant: Case Number: 90 MAP 2023
Pandemic-related court shutdowns did not constitute "judicial delay" requiring the commonwealth to demonstrate due diligence in bringing defendant to trial. Order of the superior court vacated, case remanded.
Township petitioners appealed the Commonwealth Court's decision reversing the trial court's dismissal of an election challenge. The court reversed, holding that the township's application of Second Class Township Code Section 402(e) to reduce its board of supervisors from five members to three did not result in the unconstitutional "removal" of a board member whose term was shortened as a result.
Defendant insurer sought summary judgment on plaintiff contractor's claim alleging bad faith insurance practice regarding the handling of plaintiff's claim under a residential insurance policy. The court granted the motion, holding that plaintiff failed to demonstrate a bad faith insurance practice claim where defendant timely paid full policy limits to the homeowners without separately negotiating with plaintiff tree service regarding payment of its invoice for emergency tree removal.
Defendant sought sanctions based upon the litigation conduct of plaintiff's counsel. The court granted the motion, imposing monetary sanctions against plaintiff's counsel based upon the expenses and attorney fees incurred by defendant as a result of plaintiff's counsel's violations of the court's orders.
Publication Date: 2024-11-08 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge McLaughlin Attorneys:For plaintiff: for defendant: Case Number: 1631 EDA 2021
Court remanded for trial court to determine whether commonwealth established a prima facie case on a related docket. Order of the trial court vacated and remanded.
The court reversed respondent's suspension of petitioner's license as an emergency medical services provider finding respondent failed to prove that petitioner operated an emergency vehicle in a reckless manner.
The court dismissed plaintiff's Equal Protection Claim and sex discrimination claims, but permitted her Title VII retaliation and First Amendment retaliation claims to proceed. Defendant's motion to dismiss granted in part and denied in part.
Appellant Jeffrey Gundell, on behalf of himself and others similarly situated, appealed the district court's decision that denied class certification and granted summary judgment in favor of Sleepy's, LLC, and Mattress Firm, Inc.