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  • Commonwealth v. Arrington

    Publication Date: 2021-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0305

    Where a defendant acted with another individual to commit an unlawful act in conscious disregard of a substantial risk of causing death, that defendant could be charged with conspiracy to commit involuntary manslaughter. Judgment of sentence affirmed.

  • Grove v. Lutz

    Publication Date: 2021-01-18
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0036

    Conveyance of property and attendant rights precluded seller from thereafter amending existing lease to extend the lease term or collect rents therefrom. Judgment of the trial court reversed, case remanded.

  • Commonwealth v. Given

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0004

    Addressing an issue of first impression, the superior court ruled that where the defendant committed a single act of driving while his blood contained a parent compound and a metabolite of the same controlled substance, i.e., marijuana, he could not be subject to separate sentences for multiple convictions under 75 Pa.C.S. §3802(d)(1). The superior court vacated defendant's judgment of sentence in part.

  • Zitney v. Wyeth LLC

    Publication Date: 2020-12-14
    Practice Area: Personal Injury
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1351

    Trial court properly entered summary judgment in favor of defendant drug manufacturers in appellants' action alleging a failure to warn of possible drug side effects because appellants conceded manufacturers fulfilled their duty to provide content-appropriate warning labels in the drug packaging and Pennsylvania law did not impose the heightened duty of a "Dear Health Care Provider" letter to individual doctors as appellants argued. Affirmed.

  • Matthews v. Prospect Crozer, LLC

    Publication Date: 2020-12-07
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1327

    Plaintiff's negligence claim failed where there was no evidence defendants undertook an ongoing duty to perform inspection and maintenance of a property whose defective condition caused plaintiff's injury. Order of the trial court affirmed.

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  • Denelle v. Denelle

    Publication Date: 2020-12-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1318

    The record supported the trial court's conclusion that the putative parent did not actually sign the acknowledgment of paternity offered at trial and, thus, she was not legally bound by the statutory requirements of 23 Pa. C.S. §5103 or obligated to pay child support. The superior court affirmed an order dismissing mother's support complaint.

  • Commonwealth v. Smith

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1103

    Trial court erred in dismissing a motion for relief from lifetime registration requirements under SORNA II as an untimely PCRA motion where registration constituted a non-punitive collateral consequence of conviction and thus did not fall within the scope of the PCRA. Order of the trial court vacated, case remanded for further proceedings.

  • Catanzaro v. Pennell

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0994

    Plaintiff's amended complaint seeking to quiet title to certain real property was legally insufficient where the pleading failed to allege that there was a dispute between plaintiff and defendant as to the title of land at issue. The superior court affirmed.

  • In the Interest of K.M.W.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0974

    Trial court properly changed child's goal to adoption and involuntarily terminated mother's parental rights because mother's repeated incarceration and continued substance abuse rendered her incapable of parenting child and it was in child's best interests to terminate mother's parental rights since child had been separated from mother for 40 months and had a healthy bond with her long-term foster parents who she viewed as mom and dad. Affirmed.

  • Trust Under the Will of Ashton

    Publication Date: 2020-06-15
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0620

    Orphans' court erred in finding appellee had standing to challenge appellant trustee's account and request for an increase in its fees and to request appointment of a co-trustee because appellant's alleged mismanagement did not cause appelleedirect and immediate harm but she did have standing to challenge appellant's request to divide the trust into two separate trusts. Order reversed in part and affirmed in part.