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Publication Date: 2024-10-11
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 211 WDA 2024
Trial court correctly determined that grounds for divorce had not been established before spouse's death where spouse died less than 20 days after filing an affidavit establishing grounds for divorce and the other spouse did not affirmatively admit the allegations in the affidavit. Order of the trial court affirmed.
Publication Date: 2024-10-11
Practice Area: Environmental Law
Industry: Manufacturing
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 844 WDA 2023
Appellants appealed the trial court's denial of their motions for summary judgment. The court affirmed, holding in pertinent part that property owners stated Hazardous Sites Cleanup Act damages claims where their counsel had paid for environmental testing costs to determine the presence and extent of hazardous contamination caused by a metal refinery owned by defendants' predecessor. The court held further that the HSCA did not preclude plaintiffs from seeking recovery of future environmental contamination response costs.
Publication Date: 2024-10-04
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1059 MDA 2023
Appellant appealed the post-conviction relief court's order denying his motion for a new trial based on after-discovered evidence, which appellant argued showed that an attorney and psychologist used unduly suggestive techniques when interviewing his alleged child sexual abuse victims. The court affirmed, holding that the post-conviction relief court properly denied appellant's motion without an evidentiary hearing where he failed to show that his after-discovered evidence would be used for a purpose other than impeaching a witness's
Publication Date: 2024-10-04
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 1120 MDA 2022
Court disputed whether including prior felony conviction used in an offense gravity score as part of the defendant's prior record score constituted impermissible "double counting." Judgment of sentence affirmed.
Publication Date: 2024-10-04
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 1116 WDA 2023
Appellant appealed the trial court's judgment of sentence entered on her conviction for driving under the influence of alcohol or a controlled substance-metabolite of a substance. The court affirmed, holding that the statute under which appellant was convicted was not unconstitutionally vague in forbidding operation of a motor vehicle with a metabolite of a controlled substance in one's blood.
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Publication Date: 2024-10-04
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 324 WDA 2024
Trial court had sufficient evidence to involuntarily terminate parental rights where mother proved incapable of remedying her substance abuse issues and expert testimony found child had a stronger, healthier bond with her foster parent. Order of the trial court affirmed.
Publication Date: 2024-10-04
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 2320 EDA 2023
Appellant appealed the trial court's order dismissing his petition under the Post Conviction Relief Act. The court affirmed, holding that the PCRA court erred by considering the merits of appellant's fatally untimely ineffectiveness of counsel claims. The court held further that the PCRA court properly denied appellant's claim seeking a new trial on the basis of after-acquired evidence where appellant failed to show that the evidence, consisting of unrelated disciplinary action against a testifying police officer, would likely result
Publication Date: 2024-10-04
Practice Area: Wrongful Death
Industry: Chemicals and Materials | Manufacturing
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2710 EDA 2022
Negligence verdict against employer in asbestos exposure case was not against weight of evidence where plaintiff presented sufficient evidence of exposure and employers had a heightened duty to protect employees from known workplace hazards. Orders of the trial court affirmed in part and reversed in part.
Publication Date: 2024-10-04
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 862 WDA 2023
Weight of evidence supported trial court's rejection of will where it discredited fact witness evidence regarding execution of the purported will, allowing the trial court to rely on expert testimony opining that the signature was a forgery. Order of the trial court affirmed.
Publication Date: 2024-10-04
Practice Area: Energy and Natural Resources
Industry: Energy | Mining and Resources
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 132 WDA 2023
Trial court erred when it held PennEnergy was likely to prevail on the merits regarding its claim that appellant MDS was not a party to the Joint Development Agreement or subject to the JDA's arbitration provision and also erred in granting PennEnergy's motion for preliminary injunction against appellant MDS in action concerning working interests in wellbores. Affirmed and vacated.
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