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  • Del Ciotto v. The Pennsylvania Hosp. of the University of Penn Health Sys.

    Publication Date: 2018-01-23
    Practice Area: Dispute Resolution | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0064

    Trial court erred in compelling arbitration for wrongful death claim where decedents relative did not sign nursing home arbitration agreement in his individual capacity. Judgment vacated, arbitration award vacated in part.

  • Commonwealth v. Torres

    Publication Date: 2018-01-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0063

    Trial court erred in failing to suppress evidence seized pursuant to a search warrant of a home, where the supporting affidavit failed to provide probable cause to believe that connecting evidence would be found at the home as the defendant and the instrument of crime were seized at the scene. Judgment of sentence vacated, remanded for new trial.

  • Commonwealth v. Smith

    Publication Date: 2018-01-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0062

    Consent to warrantless blood alcohol test was constitutionally firm where driver was not warned of criminal penalties for refusal of consent. Judgment of sentence affirmed.

  • In the Interest of: L.B., a minor

    Publication Date: 2018-01-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0067

    Mothers prenatal drug abuse could serve as predicate act of child abuse if proven that drug use intentionally, knowingly, or recklessly caused or created reasonable likelihood of bodily injury to unborn child once born. Order of the trial court reversed, case remanded.

  • Roverano v. John Crane

    Publication Date: 2018-01-23
    Practice Area: Toxic Torts
    Industry: Energy | Manufacturing
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0072

    Trial court did not err in defining factual cause in the jury instructions in appellees action asserting exposure to appellants asbestos products cause his lung cancer but did err in holding that the fair share act did not apply to the case because the act explicitly applied to actions for strict liability. Reversed in part and affirmed in part

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  • Commonwealth v. Magee

    Publication Date: 2018-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0061

    Trial court had discretion to deny criminal defense counsels withdrawal where motion was made on eve of trial and prejudiced defendants ability to obtain new counsel and delayed commencement of trial. Order of the trial court affirmed.

  • Thomas A. Robinson Family Ltd. Partnership v. Bioni

    Publication Date: 2018-01-23
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0071

    Appellees motion to quash appellants appeal failed because the appeal fell within the exception in appellate rule 311(a)(4)(ii) and trial court properly granted a prescriptive easement to appellees for an encroachment on the adjoining landowners land because of the continuous and uninterrupted use of the strip to access appellees land but erred in granting a public prescriptive easement. Affirmed in part and vacated in part.

  • Commonwealth v. Mackey

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0026

    Trial court erred in denying appellants motion to suppress evidence of a gun because when police responded to an anonymous tip about a man on a bus with a gun, officer lacked reasonable suspicion to take appellant off bus and frisk him since officer had no support for the tipsters assertion. Judgment vacated.

  • In Re: Rosemary C. Ford Inter Vivos QTIP Trust

    Publication Date: 2018-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0023

    Contingent beneficiary lacked standing to force trustee to make trust assets productive, where trust agreement conferred such standing exclusively upon the trusts current beneficiary, and where contingent beneficiary could not access trust property through current beneficiary as a creditor due to trust agreements spendthrift provision. Order of the orphans court affirmed.

  • Commonwealth v. Sweitzer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0013

    The evidence produced at trial was sufficient for the jury to reasonably infer that defendant constructive possession of the drugs and drug paraphernalia found in a vehicle driven by another individual given his suspicious behavior and the location of the contraband within defendants immediate reach. The appellate court affirmed defendants judgment of sentence.