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Court dismissed worker's complaint against employer and union where there was no evidence that they acted arbitrarily after worker was not recalled following a seasonal layoff where the CBA only protected seniority rights for 30 days following a layoff. Defendants' motion to dismiss denied.
Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.
Defendant golf cart manufacturer's motion for summary judgment was granted by the court as to the golf cart design but denied as to the failure to warn issue which required submission to a jury.
Trial court erred in applying a common level ratio that was calculated and went into effect after property owners filed their tax assessment appeals. Order of the trial court vacated.
Purchaser of restaurant and liquor license was barred from appealing a bulk sale assessment where it failed to obtain the statutorily required clearance certificate, as the lien certificate obtained during the license transfer process could not serve as an alternative to the clearance certificate. Petition for review denied.
Prevailing plaintiff appealed the court's damages award in his action alleging wrongful termination and defamation. The court concluded that its judgment in favor of plaintiff should be affirmed where plaintiff was not entitled to special actual damages on his defamation claim absent evidence of actual economic loss due to defendant's defamatory statement in a report to the federal Securities and Exchange Commission.
Plaintiff city sought dismissal of defendant property owner's counterclaims alleging procedural due process and equal protection violations arising out of building code citations and fines levied against defendant's property. The court granted the motion to dismiss where defendant failed to offer specific facts demonstrating that plaintiff selectively enforced its building codes in favor of Caucasian property owners.
Publication Date: 2024-05-03 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Nichols Attorneys:For plaintiff: for defendant: Case Number: 626 MDA 2022
Appellant appealed the trial court's judgment of sentence imposed for exceeding the maximum speed limit following a summary appeal. The court affirmed, holding that Commonwealth's prima facie evidence that a trooper's speedometer was accurate supported appellant's conviction for speeding.