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Publication Date: 2024-08-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Colins Attorneys:For plaintiff: for defendant: Case Number: 2863 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his bench trial conviction for indecent exposure and open lewdness. The court affirmed, holding that a complainant's trial testimony regarding appellant's conduct in exposing himself and masturbating on a public train was more than sufficient evidence to sustain appellant's convictions.
Publication Date: 2024-08-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 593 MDA 2023
Appellant appealed the trial court's judgment of sentence entered on his jury conviction for driving under the influence in violation of 75 Pa.C.S.A. § 3802(d(1)(i) and (iii). The court affirmed, holding that the challenged statutory sections did not violate appellant's constitutional rights to equal protection, substantive due process, or procedural due process as a user of medical marijuana.
The court sustained defendant's preliminary objection to plaintiff's amended complaint pursuant to Pa. R. Civ. P. 1028(a)(6) due to an arbitration clause in the lease agreement between defendant and plaintiff's insured. The court said it lacked jurisdiction over other claims due to the binding arbitration agreement.
University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.
Publication Date: 2024-08-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 1836 EDA 2023
Commonwealth appealed the trial court's judgment of sentence ordering appellee to serve his incarceration for driving under the influence in county jail rather than a state correctional facility. The court vacated and remanded for resentencing, holding that the trial court had discretion to sentence appellee to county jail so that he could receive additional treatment despite an evaluator's recommendation of no treatment, but that the trial court failed to make the necessary factual findings to support that sentence.
Plaintiff sued defendant for a declaratory judgment confirming plaintiff's ownership of real property. The court entered judgment in favor of plaintiff, holding that he owned the property in fee simple and not subject to any adverse claims by defendant, who was merely his tenant.
Court declined to apply jury waiver to claims and counterclaims not sufficiently related to parties' agreement containing the waiver provision or where interpreting the agreement was not necessary to resolve those claims/counterclaims. Plaintiff's motion to strike jury waiver granted in part and denied in part.
Publication Date: 2024-08-09 Practice Area:Labor Law Industry: Court:Commonwealth Court Judge:Judge Covey Attorneys:For plaintiff: for defendant: Case Number: 503 C.D. 2021
Workers' compensation judge erred in reinstating total disability benefits as of the date of court decision striking down impairment rating evaluation provisions rather than the date of claimant's reinstatement petition where the court decision was not given full retroactivity. Order of the Workers' Compensation Appeal Board vacated and remanded in part and reversed in part.
The court vacated the district court's judgment upholding the termination of appellant's benefits under a long-term disability plan because the termination of his benefits was not based on substantial evidence in the record as a whole.