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  • Ungurian v. Beyzman

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0510

    Trial court properly ordered hospital to produce its event report, serious safety event rating meeting summary, minutes from the patient safety committee, root cause analysis report, quality improvement staff peer review and credentialing in a medical malpractice action because the documents were not protected from disclosure under the Patient Safety Quality Improvement Act and the Peer Review Protection Act. Affirmed.

  • Leadbitter v. Keystone Anesthesia Consultants, Ltd.

    Publication Date: 2020-02-24
    Practice Area: Evidence | Health Care Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0204

    Hospital appealed discovery order directing it to produce the unredacted credentialing file for physician and court found trial court properly relied on Reginelli v Boggs, 181 A.3d 293, to order production of the file since the credentialing committee was a "review organization" and the Healthcare Quality Improvement Act also did not preclude production of the file. Affirmed.

  • Commonwealth v. Bowens

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0101

    The trial court erred in admitting evidence extracted from defendant's cell phone where the search occurred four days after the relevant warrant expired and, thus, police conducted a search of the phone without a valid warrant. The appellate court reversed and remanded.

  • Commonwealth v. Gomez

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0007

    Commonwealth presented sufficient evidence for persons not to possess conviction where defendant's obstinate behavior allowed factfinder to infer defendant knew or believed handguns were stolen and to find that defendant was in constructive possession. Judgment of sentence affirmed.

  • Commonwealth v. Clary

    Publication Date: 2020-01-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0004

    The sentencing court did not err in allowing the commonwealth to present expert testimony at a resentencing hearing regarding defendant's gang affiliations and activity while in prison since the commonwealth was not required to disclose the names of rebuttal witnesses before knowing whether it needed to produce such rebuttal proof. The appellate court affirmed defendant's sentence.

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  • Commonwealth v. Crosby

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0001

    The commonwealth produced enough evidence to support a finding that defendant's repeated threats to a school administrator were not spur-of-the-moment threats made as a result of anger and that defendant made a threat to commit a crime of violence with intent to terrorize another or with reckless disregard for the risk of causing terror. The appellate court affirmed the judgment of sentence.

  • Commonwealth v. Leap

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1317

    Facebook post offered to impeach victim's credibility was properly excluded where the fact that it was not authored by the victim, did not relate to the victim's credibility, and was posted months before the criminal conduct on trial meant that the post was irrelevant and highly prejudicial. Judgment of sentence affirmed.

  • Commonwealth v. Moore

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1293

    Internet publication of sex offender registration for offender who committed crimes prior to enactment of publication requirements under SORNA II violated Ex Post Facto clause. Judgment of sentence affirmed, appellant ordered removed from Megan's Law website.

  • In re: Adoption of K.M.G.

    Publication Date: 2019-09-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1144

    Intermediate appellate courts only had authority and obligation to sua sponte review a trial court's failure to appoint any counsel for a child in a proceeding to involuntarily terminate parental rights, but not to review whether an appointed GAL had a conflict of interest in representing the child's best interests and legal interests. Order of the trial court affirmed.

  • Commonwealth v. Broitman

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1023

    The trial court did not abuse its discretion in denying defendant's request for new counsel and a continuance as the court properly weighed defendant's right to counsel of choice against the state's interest in proceeding to trial and found that defendant's last minute request would burden the commonwealth and its witnesses as well as the trial court. The appellate court affirmed.