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  • Murray v. Am. Lafrance, LLC

    Publication Date: 2020-07-06
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0700

    Plaintiffs waived establishing general personal jurisdiction over defendant based on its registration as a foreign corporation by failing to raise the issue in response to defendant's preliminary objections challenging personal jurisdiction. Order of the trial court affirmed.

  • Commonwealth v. Savage

    Publication Date: 2020-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0675

    Trial court erred in relying on mailbox rule to presume defendant's receipt of notice of traffic conviction where court misaddressed the notice and defendant testified to not having received the notice. Order of the trial court reversed, case remanded.

  • Ileiwat v. Labadi

    Publication Date: 2020-06-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0610

    Trial court erred in deviating downward from alimony pendente lite guidelines where obligor husband failed to present evidence the guideline amount was inappropriate and unjust and where the trial court merely concluded wife did not need the full guideline amount to meet her expenses. Order of the trial court affirmed in part and reversed in part, case remanded for further proceedings.

  • Commonwealth v. Pammer

    Publication Date: 2020-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0578

    DUI and drug charges, stemming from motor vehicle accident to which defendant previously pled guilty to reckless driving citation, could be dismissed under compulsory joinder rule where commonwealth could have brought the DUI and drug charges before the magisterial district judge that heard defendant's reckless driving citation. Order of the trial court reversed, case remanded.

  • Selective Way Ins. Co. v. MAK Serv., Inc.

    Publication Date: 2020-05-11
    Practice Area: Insurance Law
    Industry: Construction | Insurance
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0485

    Trial court erred in granting summary judgment to insurer on the basis of the policy exclusion for snow and ice removal because insurer failed to conduct an adequate investigation after submission of the claim and its reservation of rights letter failed to "clearly communicate" the extent of the rights reserved which resulted in a presumption prejudice to appellant being sued for negligent snow and ice removal. Reversed.

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  • CLL Acad., Inc. v. Acad. House Council

    Publication Date: 2020-04-20
    Practice Area: Discovery
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0410

    The trial court erred in ordering "attorneys' eyes only" disclosure by defendant of unredacted documents subject to claims of attorney-client and work product privilege for purposes of reconsidering redactions ordered upon an in camera review. The appellate court vacated the trial court's disclosure order in part.

  • Garman v. Angino

    Publication Date: 2020-04-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0389

    Trial court erred in ruling that attorneys' negligence was not the proximate cause of clients' loss where damages in second medical malpractice action were not barred under doctrines of collateral estoppel, res judicata, or one recovery rule by prior medical malpractice action arising from the same surgery. Summary judgment vacated, case remanded.

  • In the Interest of D.N.G.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0344

    Trial court erred in terminating parent's rights where child was afforded ineffective assistance of counsel and where child expressed opposition to adoption, which was also opposed by the GAL. Order of the trial court affirmed, decree terminating parental rights vacated, case remanded.

  • Brooks v. Brooks

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0338

    While the parties' marital settlement agreement constrained husband's authority to use funds from qualified tuition plans established under 26 U.S.C. §529 for anything other than educational expenses, husband had authority to continue using his best judgment to address the children's ongoing educational needs and did not breach the MSA in managing those funds. The appellate court dismissed wife's appeal.

  • Commonwealth v. Hernandez

    Publication Date: 2020-03-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0310

    Where defendant opened fire on a victim in an area populated with multiple individuals and the commonwealth accused defendant of third-degree murder with the respect to the victim and recklessly endangering with regard to others present, the crimes implicated different victims as charged and convicted and, therefore, no merger of sentences resulted. The superior court affirmed.