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  • Budai v. Country Fair, Inc.

    Publication Date: 2023-06-05
    Practice Area: Consumer Protection
    Industry: Retail
    Court: Supreme Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 461 WDA 2022

    Plaintiffs who alleged retailer's technical violations of federal Fair and Accurate Credit Transactions Act without some other personal, substantial, and immediate harm could not establish standing under Pennsylvania law. Order of the trial court reversed, case dismissed.

  • Galette v. NJ Transit

    Publication Date: 2023-04-10
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2210 EDA 2021

    Trial court properly refused to dismiss plaintiff's automobile accident negligence action against defendant on sovereign immunity grounds and court found the action posed no threat to the sovereign dignity or the treasury of the state of New Jersey and defendant was not an arm of the state. Affirmed.

  • Taylor v. Pennsylvania State Corr. Officers Ass'n

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1473 MDA 2021

    Trial court properly dismissed appellant's action asserting union's promulgation of a schedule of fees in connection with its representation of non-members like appellant in the context of various employment grievances constituted a violation of the duty of fair representation because the mere fact of implementing a fee schedule did not show a violation of the duty of fair representation and appellant failed to show union acted arbitrarily, irrationally or fraudulently. Affirmed.

  • Santiago v. Philly Trampoline Park, LLC

    Publication Date: 2023-04-03
    Practice Area: Dispute Resolution
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2615 EDA 2021

    Trial court properly denied defendant's motion to compel arbitration to resolve the negligence claims of non-signing spouse and children hurt in trampoline park accidents because defendant failed to show signing spouse was the agent of the non-signing spouse and the parent-child relationship did not empower the signing parent to waive minor child's rights to have their claims resolved in a court of law. Affirmed.

  • Myers v. Geer

    Publication Date: 2023-02-13
    Practice Area: Civil Procedure
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1519 EDA 2021

    Trial court erred in denying appellant's petition to vacate the administrative dismissal of his civil action because trial court relied on an incorrect procedural rule and overlooked the deferred status of appellant's case and the undisputed misrepresentations of appellant's attorney after his license was suspended provided an adequate explanation for appellant's delay in seeking to vacate the dismissal. Reversed.

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  • Commonwealth v. Young

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2088 MDA 2018

    Trial court properly denied evidence obtained from search where warrant was overbroad due to failure to incorporate time limitation consistent with the probable cause established by the supporting affidavit. Order of the trial court affirmed.

  • Commonwealth v. Stevenson

    Publication Date: 2023-01-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1157 EDA 2021

    Defendant forfeited any challenge to denial of motion in limine seeking to preclude evidence of a prior conviction, where defendant made strategic decision to introduce the conviction himself during his direct testimony. Judgment of sentence affirmed.

  • In the Interest of K.L.

    Publication Date: 2022-12-19
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1552 EDA 2022

    Appellant challenged juvenile court's issuance of a stay-away order in action relating to child's adoption and court found juvenile court denied appellant the opportunity to be heard before issuing the order and denied his due process rights. Vacated.

  • Sanders v. Children's Hosp. Of Philadelphia

    Publication Date: 2022-12-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 646 EDA 2021

    Defendant hospital challenged trial court's rulings on privileged documents in plaintiffs' wrongful death and survival actions and court found most of the documents and reports were protected by the Peer Review Protection Act or the Medical Care Availability and Reduction of Error Act. Affirmed in part and reversed in part.

  • Foster v. Nuffer

    Publication Date: 2022-12-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2017 EDA 2021

    Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.