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In this § 1925(a) opinion defending the court's grant of defendant's motion to amend judgment, the court pronounced itself "shocked" at the effort of plaintiff's counsel to advance his own misinterpretation of the court's order in an effort to recover $43,300 more for his client than what the court ordered and asked for sanctions.
Court dismissed self-incrimination and unreasonable search claims where plaintiff had never been charged with a crime and his school district employer's search of employer-provided electronic devices was reasonable as part of its investigation into whether plaintiff had participated in a violent riot or associated with extremist groups. Defendants' motion for summary judgment granted in part.
Defendants pediatrician and hospital filed preliminary objections to plaintiffs' medical malpractice complaint alleging injuries to their newborn child. The court overruled the preliminary objections, concluding plaintiffs stated vicarious liability claims against defendants, stated prima facie malpractice claims with allegations of recklessness necessary to support a claim for punitive damages, and set out claims that were factually sufficient to inform defendant hospital of the claims it would have to defend.
Defendant rideshare company moved to dismiss plaintiff's complaint arising from a driver's alleged sexual assault. The court granted the motion, largely without prejudice, holding that plaintiff failed to allege actionable claims for negligent supervision where she alleged for the first time in opposition to defendant's motion that its driver was the subject of four prior passenger complaints. The court held further that plaintiff failed to allege a claim of negligent undertaking absent assertion of a "specific undertaking" by defenda
Plaintiff sought relief from the court's order of dismissal for her failure to timely serve defendant with her complaint. The court denied relief, holding that the excuse proffered by plaintiff's counsel, namely that she was a solo practitioner with a busy schedule, failed to demonstrate good cause or excusable neglect for her failure to timely serve defendant.
Parties claiming ownership of levied property had standing to file a petition to set aside based on an untimely levy following issuance of the writ off execution. Order of the trial court vacated.
Plaintiffs sought reconsideration of the court's order denying their motion for class certification in their breach of contract action against defendant airline company. The court denied the motion for reconsideration, concluding that plaintiffs had reasonable notice of, and assented to, defendant's class action waiver where defendant's website and mobile app provided hyperlinked access to defendant's contractual terms and conditions, which were properly incorporated into its contract of carriage.
Plaintiff asserting employer retaliation claim was not required to prove the validity of his underlying discrimination complaint or his membership in the classes of individuals subjected to the complained-of discriminatory behavior. Defendant's motion to dismiss denied.