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Plaintiff was entitled to recover possession of his vehicle, because defendant failed to comply with the requirements pertaining to abandoned property. Defendant failed to establish his right to a statutory lien for storage costs.
The district court erred in finding that the procedures utilized by the City of Philadelphia to collect unpaid gas bills violated the plaintiff landlords' rights under the Due Process Clause. The appellate court reversed and remanded.
School bus surveillance video was not exempt from disclosure under the Right-to-Know-Law pursuant to the loss of federal funding exemption where the video did not constitute an "educational record" un the federal Family Educational Rights and Privacy Act merely because it captured images of students as bystanders to an incident directly relevant to a teacher's job performance. Order of the trial court affirmed.
Publication Date: 2018-08-07 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Gantman Attorneys:For plaintiff: for defendant: Case Number: 18-0924
Trial court properly dismissed charges of homicide by vehicle (non-DUI) and aggravated assault by vehicle (non-DUI) in automobile accident that injured driver and killed passenger in other car because the commonwealth failed to produce any evidence that appellee acted with criminal recklessness or gross negligence. Affirmed.
Philadelphia beverage tax was not duplicative of state sales tax where taxes were imposed at different levels of commerce. Order of the commonwealth court affirmed.
Legislature violated Art. III, §4 of the Pennsylvania Constitution where it passed a bill whose contents were completely gutted and replaced without then considering the bill on three separate days in each chamber. Order of the commonwealth court reversed.
The assignee of a promissory note and mortgage documents was entitled to bring suit even though a judgment of non pros was entered against its assignor on the same foreclosure matter. The trial court properly denied a motion in limine where it was based on the same grounds as a summary judgment motion which the court previously denied.
Defamation and Lanham Act claims dismissed where allegedly defamatory video did not explicitly identify plaintiff or make false claims about its services. Order of the trial court affirmed in part and reversed in part, case remanded.
Publication Date: 2018-08-07 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Strassburger Attorneys:For plaintiff: for defendant: Case Number: 18-0927
Orphans' court did not abuse its discretion in terminating involuntarily father's parental rights because father made no effort to resist the obstacles that limited his ability to maintain a relationship with the child, sending only one letter in six months to child, child had not seen father in several years, child did not want to be placed in father's care and no conflict existed that warranted the appointment of separate legal counsel for child. Affirmed.
Principles of equity and the need for efficacious resolution of controversies weighed in favor of entering a default judgment in this case, where defendants failed to respond to plaintiffs' complaint seeking employment contributions and, inter alia, their failure to engage in the litigation process constituted culpable conduct. The court granted in part plaintiffs' motion for a default judgment.