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  • H.R. v. C.P.

    Publication Date: 2020-01-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1514

    Trial court was not barred by Medical Marijuana Act from considering parent's legal use of marijuana pursuant to medical license, particularly where parent had history of substance abuse and where there were alleged incidents of exposing the parent's child to marijuana. Order of the trial court affirmed.

  • Domus, Inc. v. Signature Bldg. Sys. of PA, LLC

    Publication Date: 2019-12-16
    Practice Area: Contracts
    Industry: Construction | Manufacturing
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1440

    Failure to certify foreign judgment left the trial court without jurisdiction since there was a fatal defect on the record before the court being asked to enforce the judgment. Order of the trial court reversed.

  • Commonwealth v. Anderson

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1438

    The trial court did not impose a de facto life imprisonment sentence without the possibility of parole upon defendant, who was a juvenile when he committed murder, where he failed to establish that it was unlikely he would survive until his minimum release date or that there was no opportunity for release in such time as to permit him to enjoy a period of liberty. The appellate court affirmed defendant's sentence.

  • Allied Envtl. Serv., Inc. v. Roth

    Publication Date: 2019-11-11
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1326

    The trial court properly concluded that that the typical prerequisites attendant to the granting of a preliminary injunction must still be satisfied in claims for injunctive relief advanced under the Pennsylvania Uniform Trade Secrets Act and that defendant failed to demonstrate that a preliminary injunction was necessary to prevent immediate and irreparable harm. The appellate court affirmed.

  • Landis v. Wilt

    Publication Date: 2019-11-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1299

    Trial court properly quieted title in favor of adverse possessor where abutting condominium development presented no evidence that it took its land subject to prior subdivision plan and instead expressly disclaimed any title to the disputed land. Judgment of the trial court affirmed.

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  • Sawyers v. Davis

    Publication Date: 2019-11-04
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1301

    Trial court erred in dismissing appellant's personal injury action against car driver for improper service because appellant offered sufficient evidence that he complied with the manner of service in Pa.R.C.P. 403, 404 and 405 to shift the burden to driver who offered no evidence refuting appellant's evidence that service complied with the rules. Vacated.

  • Commonwealth v. Jefferson

    Publication Date: 2019-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1227

    The trial court properly found that current prosecutions against defendant for attempted burglary in one case and receipt of stolen property and unauthorized use of a vehicle in a second were not barred by double jeopardy as there was no logical nexus between these cases and another set of cases in which defendant pled guilty to criminal mischief. The appellate court affirmed an order denying defendant's motion to bar prosecution.

  • Commonwealth v. Diggs

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1226

    The trial court did not err in dismissing defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant's alleged newly discovered evidence could have been obtained at or prior to trial through reasonable diligence. The appellate court affirmed.

  • Commonwealth v. Hunt

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1207

    Trial court erred in ordering restitution to a limited liability company where the restitution statue at the time of the offense and at sentencing excluded corporate entities from the definition of a victim eligible for restitution. Order of the trial court reversed, sentence vacated, case remanded.

  • In the Interest of D.W.

    Publication Date: 2019-10-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1209

    Juvenile court properly found that minor's out-of-home placement was warranted because record did not support minor's contention that returning home would satisfy his need for treatment, supervision and rehabilitation. Affirmed.