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Publication Date: 2018-01-09
Practice Area: Civil Procedure | Motor Vehicle Torts
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1908
Trial court properly terminated appellants case for lack of activity under rule 1901 even though there was no local rule implementing rule 1901 at the time because the lack of a local rule did not render the court powerless, the court complied with the minimum standards for notice set out in rule 1901(c) and the trial court was not required to hold an evidentiary hearing as to appellants reasons for her delay. Affirmed.
Publication Date: 2018-01-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Elliott
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for defendant:
Case Number: 17-1887
Commonwealth could compel defendant to provide password to defendants encrypted computer under foregone conclusion exception to right against self-incrimination, as the computers encrypted status established the existence of the password, and defendants ownership and sole use of the computer meant that he was in possession of an authentic password. Order of the trial court affirmed.
Publication Date: 2018-01-02
Practice Area: Civil Appeals | Land Use and Planning | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Moulton
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Case Number: 17-1891
Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.
Publication Date: 2018-01-02
Practice Area: Health Care Law | Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 17-1883
The trial court erred in granting defendants request for a demurrer based on immunity under the Mental Health and Mental Retardation Act where plaintiffs complaint made sufficient factual allegations of gross negligence, rendering the grant of an immunity demurrer improper. The appellate court reversed in part and remanded.
Publication Date: 2018-01-02
Practice Area: Corporate Entities
Industry: Health Care
Court: Superior Court
Judge: Judge Solano
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Case Number: 17-1892
Trial court erred in sustaining appellees preliminary objections in appellants action asserting breach of fiduciary and other duties in sale of LLC assets by majority members of LLC to other entity of which they were members because §8943(b)(2) of the LLC law gave the courts the flexibility to analogize to corporate and partnership law to bar a member from engaging in oppressive conduct. Reversed.
Law Journal Press | Digital Book
Authors: ELIZABETH A. LATIF
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Publication Date: 2018-01-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
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Case Number: 17-1888
Trial court erred in imposing intermediate punishment well below mitigated sentencing range, where defendant inflicted permanent injury upon victim and had significant violent criminal history, and where trial courts justifications failed to support a lenient sentence. Judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2017-12-26
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: Superior Court
Judge: Judge Panella
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Case Number: 17-1849
Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.
Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1844
Defendant could not succeed on his ineffectiveness of counsel claim for failure to file a Rule 600 motion based upon an alleged speedy trial violation where there were more than 800 excludable and excusable delays that extended his adjusted run date well beyond his trial date. The court affirmed defendants judgment of sentence.
Publication Date: 2017-12-19
Practice Area: Insurance Litigation | Personal Injury
Industry: Insurance
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1827
Trial court erred in ruling insurer had no duty to defend or indemnify pursuant to expected or intended exclusion in policy, where underlying personal injury suit reasonably pled that injury arose from accidental discharge of firearm. Summary judgment vacated, case remanded.
Publication Date: 2017-12-19
Practice Area: Trusts and Estates | Wrongful Death
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1826
Descendents mere speculation that decedent died from something other than natural causes was insufficient reasonable cause to warrant disinterment of decedents remains. Order of the orphans court affirmed.
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