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Retirees execution and submission of retirement annuity option change and beneficiary designation was sufficient to effect such change in annuity and beneficiary, even though retirement system administrator did not receive retirees documents until after his death. Order of the State Employees Retirement Board reversed.
Defendant in motor vehicle accident case was not entitled to summary judgment on the issue of punitive damages where the evidence indicated he was driving under the influence of intoxicants, had a pattern of driving while intoxicated in the past, and was distracted by his cell phone.
Publication Date: 2018-01-16 Practice Area:Labor Law Industry: Court:Commonwealth Court Judge:Judge Cosgrove Attorneys:For plaintiff: for defendant: Case Number: 18-0022
City had just cause to pass over applicant for firefighter position for failure to comply with residency requirement, where applicant failed to produce evidence that he resided within city limits at least one year prior to his application. Order of the City of Pittsburgh Civil Service Commission affirmed.
In the absence of a Uniform Commercial Code definition of when a claim arising from a fraudulently cashed check accrues or any Delaware case law on point, the court adopted one of three approaches and concluded that the statute of limitations begins to accrue when negotiable instruments are negotiated, i.e., when the victims account is debited. The court granted defendants motion for summary judgment.
The trial court properly found that plaintiffs remuneration agreement with a mail order pharmacy to solicit health care centers eligible for a federal prescription drug program based on 50 percent of net profits violated the federal Anti-Kickback Statute (AKS), at 42 U.S.C. §1320a-7b(b)(1)(B). The court affirmed an order entering judgment for defendants.
Newspaper entitled to JNOV in defamation claim where allegedly libelous statement was factually true, and where there was no evidence to support a claim for defamation by innuendo. Judgment reversed.
Order for continued involuntary commitment reversed where the certified record contained insufficient evidence to support the initial involuntary commitment, and where evidence of behavior during commitment was insufficient to support a finding that the committed individual would pose a danger to herself or others without continued commitment. Order of the trial court reversed.
Married parties entered into an enforceable contract to repay funds they borrowed from their minor childs account, but the parties past practices indicated that they always used marital funds, not separate assets, to repay such debts. The court released funds held in escrow from the sale of husbands pre-marital residence, because the agreement to repay funds to the trust account was a marital obligation.
Trial court erred in holding that appellants CASPA claims were foreclosed as a matter of law because those claims were never tried before any factfinder but trial court properly declined to enter JNOV on appellees assertion a sales agreement made seller of property responsible for the environmental cleanup because the evidence allowed the jury to conclude that the parties agreed to alter their contract. Reversed in part, affirmed in part.
The City of Philadelphia Tax Review Board did in err in finding that the Citys audit assessment properly imposed wage tax liabilities upon appellant where the company failed to establish that it used subcontractors during the audit period. The court affirmed in part a trial court order.