Court Finds Res Judicata Does Not Apply to Dismissal of Underlying Action for Failure to Prosecute

Court Grant's Employer Hospital Motion to Dismiss in Age Discrimination Case

Court affirmed father's petition for legitimation of a minor child over mother's arguments regarding drug testing, parenting plan, and child support

Court rejected Commonwealth's appeal of trial court's decision not to impose restitution in favor of the Commonwealth, where the appeal challenged the discretionary aspects of the sentence rather than the legality of the sentence and the Commonwealth failed to preserve their challenge at the sentencing hearing. Order of the trial court affirmed.

Defendant moved for summary judgment in plaintiff's gender discrimination, retaliation and hostile work environment claims under title VII, Americans with Disabilities Act and Family and Medical Leave Act and court found plaintiff presented sufficient evidence to suggest pretext in defendant's allegedly non-discriminatory reason for firing her and presented a prima facie case of ADA and FMLA discrimination and retaliation but failed to show a hostile work environment. Motion granted in part and denied in part.

Discovery Sanctions Denied; Cooperation in Discovery Weighs Against Intent to Deprive

Sovereign immunity barred mandamus relief requiring state agency to take affirmative, corrective action, regarding the agency's operation and such relief was unavailable where the underlying statute was not precise as to the nature of the alleged ministerial duty to be performed. Petitioners' preliminary objection overruled, respondent's preliminary objections granted in part, case dismissed.

Court Finds Evidence Did Not Support Display or Threatened Use of a Firearm

Trial court erred in granting hospital authorization to terminate child's life support in the event of a confirmatory second brain death evaluation, where trial court precluded child's father from questioning medical personnel about the termination of life support or options in the event of a confirmatory second exam. Order of the trial court affirmed in part and vacated in part.

Defendant ski resort moved for summary judgment in plaintiff skier's personal injury action and court found there was a genuine dispute as to whether plaintiff was skiing on or off trail when the incident occurred and thus, whether the Pennsylvania Skier's Responsibility Act barred plaintiff's action, as to whether plaintiff received a lift ticket with the exculpatory release provision and plaintiff's evidence of a ditch in the ski trail raised an issue of material fact as to gross negligence. Motion denied.