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Publication Date: 2017-10-31
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1569
Defendant lacked standing to bring this custody matter against plaintiff, her former same-sex life partner and the biological mother of a minor child, where plaintiff never adopted the child and the evidence demonstrated that plaintiff never stood in loco parentis to the child. The court affirmed an order sustaining defendants preliminary objections.
Publication Date: 2017-10-31
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1608
The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.
Publication Date: 2017-10-31
Practice Area: Occupational Safety and Health
Industry: Distribution and Wholesale | Food and Beverage
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1618
Trial court properly dismissed appellants claims against wholesale market managing company based on a controlling employer argument derived from an OSHA compliance directive after appellant was injured by a pallet jack driven by his own employee because the policy appellant relied on did not determine rights or obligations or cause legal consequences and concerned only the scope of enforcement of OHSA requirements and managing company had assumed no duty regarding safety in the leased areas of the market
Publication Date: 2017-10-31
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1611
Trial court erred in granting parents request for de novo hearing in dependency petition after orphans court had accepted masters report, when parent failed to object to hearing before master and had not shown cause for rehearing, and thus had no right to rehearing before trial judge. Order of the trial court reversed.
Publication Date: 2017-10-31
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Moulton
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1612
Motion to suppress statements properly denied where, although defendant was initially illegally detained on an inactive warrant, any taint from the illegal arrest was attenuated where defendant voluntarily waived Miranda rights to make statements in response to co-defendants incriminating statements and evidence obtained from a search warrant thereunder. Judgment of sentence affirmed.
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Authors: Hon. Jed S. Rakoff, Howard W. Goldstein
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Publication Date: 2017-10-24
Practice Area: Evidence | Family Law
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1593
Trial court erred in finding parent in contempt for failure to encourage childs visitation with other parent, where prior orders did not include requirement for parent to encourage the child, and where record demonstrated that parent followed directives of resource center in terminating visits. Order of the trial court reversed and vacated.
Publication Date: 2017-10-24
Practice Area: Business Torts | Civil Appeals | Real Estate
Industry: Construction | Real Estate
Court: Superior Court
Judge: Presiding Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1599
Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.
Publication Date: 2017-10-24
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1596
Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.
Publication Date: 2017-10-24
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1594
Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.
Publication Date: 2017-10-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1591
Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.
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