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judge:"Steven Andrews"
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College student plausibly alleged contract and unjust enrichment claims based on university's retention of tuition after cancelling in-person instruction during the COVID-19 pandemic where university had made the benefits of on-campus education a part of its bargain with students. Defendant's motion to dismiss denied.
Defendants appealed the trial court's denial of their motion for summary judgment in plaintiff's action for personal injuries suffered while disembarking from a public transit bus. The court affirmed, holding that defendant bus driver was "operating" the bus for purposes of the vehicle exception to sovereign immunity when she stopped to allow plaintiff to exit and allegedly refused to lower the bus's handicap ramp, causing plaintiff's injuries.
Appellant brought an interlocutory appeal from the court's order decreeing the scope of a surcharge that it could impose against a self-dealing fiduciary and certain non-beneficiary third-parties. The court concluded that its order should be affirmed where it properly determined that it had authority to impose a surcharge equal to the total financial benefit received by the fiduciary and/or his non-party family members who are not beneficiaries of the trust.
Student-athletes' "amateur" status was not a per se bar to asserting employee status to bring wage claims against their schools under the Fair Labor Standards Act. Order of the district court affirmed in part and vacated and remanded in part.
Appellant challenged the trial court's order denying her appeal from a decision of appellee Zoning Hearing Board of the Municipality of Bethel Park. The court affirmed, holding that appellant's issues concerning the term "kennel" as used in the municipality's zoning ordinance were not properly before the court where appellant argued, for the first time on appeal, that her property was not a "kennel."
The court denied defendants' motion to dismiss "Dragonetti Act" litigation filed by attorney Veronica Turner after Avco and Textron Inc. unsuccessfully sued her for breach of fiduciary duty after she stopped representing those companies and began representing plaintiffs in aviation crash litigation, but granted the motion to dismiss her civil conspiracy count against the attorneys who represented the companies in the case against her.
LTL Management, LLC and the Ad Hoc Committee of Supporting Counsel appealed the bankruptcy court's decision to dismiss LTL's bankruptcy case for lack of good faith due to the absence of financial distress.
In this § 1925(a) opinion, the court justified its denial of appellant's petition for modification of a custody order that continued sole legal custody and primary physical custody of appellee over child.
The court defended its decision to deny defendants' motion for summary judgment in a case where the minor plaintiff was sexually assaulted by a student on a school bus.