261 results for 'court:"Pennsylvania Superior Court"'.
J. Panella finds that the lower court improperly granted defendant's petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The testimony the police officer provided supported that there was sufficient probable cause that defendant had attempted to inflict bodily injury on the officer in the performance of his duty.
Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: Criminal Procedure, Habeas, Search
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: Civil Procedure, Property, Business Practices
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J. Stabile finds that the trial court improperly granted defendant’s motion to decertify this case charging him with attempting to murder two police officers when he was 16 years old. The decertification order is defective due to the trial court’s failure to consider multiple criteria that it was required to take into account before granting decertification. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 23, 2024, Case #: J-A24009-23, Categories: Evidence, Murder, Civil Rights
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: Civil Procedure, Employment, Employment Retaliation
J. Olson finds that the trial court properly denied a beauty product manufacturer’s motion for non-suit in this case wherein the daughter of a deceased hairdresser alleges her mother contracted mesothelioma as a result of decades of being exposed to the company’s asbestos-containing beauty products. The manufacturer failed to provide evidence that the asbestos claim lacked merit. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: April 10, 2024, Case #: J-A28007-23, Categories: Civil Procedure, Wrongful Death, Asbestos
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: Evidence, Sentencing, Dui
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: Arbitration, Employment, Contract
J. Colins finds that the lower court properly dismissed Richmond Waterfront Industrial Park’s quiet title action for lack of subject matter jurisdiction. The federal Interstate Commerce Commission Termination Act gave the federal Surface Transportation Board with exclusive jurisdiction to decide issues involving the abandonment of railroad tracks on its property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: March 25, 2024, Case #: J-A04035-24, Categories: Civil Procedure, Property, Jurisdiction