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Defendants moved to dismiss plaintiff's breach of contract action asserting court lacked jurisdiction over them and they should be treated as separate companies for jurisdictional purposes and court found plaintiff sufficiently stated an alter-ego theory and jurisdictional discovery was necessary. Motion denied.
Court dismissed inmate's pro se § 1983 claims against Home Depot, its employee and police seeking a copy of store surveillance video that he contended proved he did not commit the theft for which he was convicted and court found store and its employee were not state actors and his claims were not cognizable in a §1983 action unless and until his state court robbery conviction was reversed, vacated or otherwise invalidated. Dismissed.
Publication Date: 2024-07-05 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 1283 MDA 2022
Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.
Federal prisoner Saaed Moslem appealed from the district court's dismissal of his breach-of-contract action for lack of subject matter jurisdiction and the denial of his motion to reconsider.
Defendant sought post-trial relief after a jury verdict in favor of plaintiff on plaintiff's breach of contract and fraud claims. The court denied defendant's post-trial motion, holding that defendant was not entitled to call a court reporter at trial to testify regarding a purported error in a witness's deposition transcript, and that plaintiff was not required to support his claim of document forgery with testimony from a forensic document examiner.