27 results for 'judge:"Murray"'.
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. 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. Murray finds that the lower court properly sentenced defendant for receiving a stolen firearm while living in an apartment with her paroled, live-in boyfriend who was not allowed to have firearms at his residence. Because it is reasonably related to her rehabilitation, the record supports a no-contact condition barring her from associating with her boyfriend, since she has been linked to stealing other items to support his crack cocaine habit. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: February 7, 2024, Case #: J-S46025-23, Categories: Firearms, Sentencing, Theft
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J. Murray grants, in part, an insured’s motion to compel discovery request in this insurance suit of wrongful death claims for negligent or wanton failure to settle; bad faith failure to investigate, defend and settle; and tortious interference against the insurer. The insured is a non-medical home care assistance business and was sued after one of its customers died due to burns he received because he had been left in hot water by an employee. The court finds that the insurer will not be harmed by releasing certain unredacted versions of documents. The documents that are to be withheld are duplicate documents that were produced for in-camera review.
Court: USDC Southern District of Alabama, Judge: Murray, Filed On: February 6, 2024, Case #: 1:21cv372, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Murray finds that the department of technology, management, and budget neither violated the separation of powers doctrine nor the Administrative Procedures Act of 1969 upon enacting a prevailing wage requirement because the policy constituted a proper exercise of discretionary authority under the Michigan Management and Budget Act. Affirmed.
Court: Michigan Court of Appeals, Judge: Murray, Filed On: February 1, 2024, Case #: 363601, Categories: Administrative Law
J. Murray finds that the lower court improperly issued a permanent injunction against labor union members in this case filed against a newspaper. The trial court violated a timing rule for filing the permanent injunction within the proper time frame, however, the court declines “to create a remedy not contemplated by the text of the rule” and will send the case back to the lower court for relevant consideration. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 6, 2023, Case #: J-A15010-23, Categories: Civil Procedure, Labor / Unions, Labor
J. Murray finds that the lower court properly sentenced defendant for attempting to elude police during a traffic stop and causing a collision shortly after speeding away. The police had probable cause to search defendant’s cellphone, which linked him to the stop and the theft of the vehicle he was driving among other crimes. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 3, 2023, Case #: J-A15044-23, Categories: Evidence, Search, Sentencing
J. Murray finds that the lower court properly sentenced defendant, who objects to all physical evidence found during a warrantless search conducted prior to his arrest, for carrying a firearm without a license and public drunkenness. Police searched defendant’s person, bag and vehicle prior to his arrest so that defendant could be quickly transported by ambulance to the hospital for treatment due to his heavy intoxication. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: October 24, 2023, Case #: J-S34036-23, Categories: Criminal Procedure, Firearms, Search
J. Murray finds that the lower court properly denied a son's petition for citation sur appeal from the register’s decree refusing to probate the will of his mother. The will in question was signed with a digital image of his mother's signature using "DocVerify" software, and a manual signature is necessary for a will to be valid in Pennsylvania. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 25, 2023, Case #: J-A20028-23, Categories: Wills / Probate
J. Murray finds that the lower court properly granted summary judgment in favor of a property owner in this case wherein a motorcycle driver alleges they were injured while navigating into the property for an estate sale. The trial court’s reasoning is supported by both the record and applicable legal authority. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 22, 2023, Case #: J-A20027-23, Categories: Evidence, Tort, Vehicle
J. Murray finds that the lower court properly granted a father's motion for summary judgment, dismissing a mother’s petition to involuntarily terminate the father’s parental rights to their three-year-old child. The mother cannot relitigate the issue of whether the father raped her, which is the basis for her petition seeking to terminate his parental rights. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 21, 2023, Case #: J-A20030-23, Categories: Civil Procedure, Guardianship
J. Murray finds that the lower court properly granted the motion for summary judgment filed by a children's services center and one of its employees in this negligence action filed by the estate of a family member who was attacked with a steak knife in his own home by one of the center's released teenage patients. The trial court's reasoning is supported by law. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 19, 2023, Case #: J-A20020-23, Categories: Negligence, Wrongful Death