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Defendant appealed the court's decision in favor of plaintiff on plaintiff's claims of unjust enrichment and conversion. The court concluded that defendant's appeal should be denied and dismissed, and the court's decision affirmed, where evidence and the court's credibility determinations supported the conclusion that defendant converted plaintiff's inherited funds to his own use.
Workers' compensation appeal board erred in remanding case to workers' compensation judge to decide if claimant was entitled to reinstatement when he returned LIBC forms in 2018 because claimant's benefits were not in a suspension status pursuant to any LIBC-762 and he never raised the issue as a basis for seeking reinstatement of benefits. Reversed.
Plaintiff sought review of the administrative denial of her application for supplemental security income. The court remanded for further proceedings, holding that the denial was not supported by substantial evidence where the administrative law judge failed to properly consider the mental health treatment evidence of record, which consistently reflected serious limitations in plaintiff's ability to interact with the public.
Defendant's motion for partial judgment on the pleadings denied where court determined outstanding factual issues required clarification through discovery.
The court acknowledged that it had entered an opinion and order granting a default judgment on July 3, 2023, in error because it was unaware at the time that the appellee timely had filed a response to appellant's counterclaim. On Aug. 18, 2023, appellee filed a motion to vacate default judgment which the trial court granted because appellee had complied with the Pennsylvania Rules of Civil Procedure and filed proposed preliminary objections to appellant's counterclaim. Appellant nevertheless appealed the court's Sept. 25, 2023 order
Publication Date: 2024-07-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 915 MDA 2023
Burden of reengaging witnesses following the grant of defendant's motion to withdraw guilty pleas was not sufficient to substantially handicap the commonwealth's prosecution to allow it to appeal the withdrawal as of right. Appeal quashed.
Publication Date: 2024-07-26 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 100 MDA 2024
Court found no abuse of discretion in changing primary goal to adoption and moving reunification to a concurrent goal given mother's lack of progress in remedying conditions to permit increased visitation or less supervision and child's need for permanency. Order of the trial court affirmed.
Plaintiffs, the New Jersey Staffing Alliance, American Staffing Association and New Jersey Business & Industry Association, filed an interlocutory appeal seeking to enjoin a New Jersey law designed to protect temporary workers.
Appellant Justin Rodriguez appealed his conviction, contending that he was denied a fair trial in violation of the Sixth Amendment when the district court read a bifurcated portion of the indictment to a jury venire panel.