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  • Commonwealth v. McGarry

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1608

    The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.

  • Mark Hershey Farms, Inc. v. Robinson

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure | Corporate Entities | Trusts and Estates
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1566

    Trial court erred in finding appellant beneficiary and executor of estate personally liable for bill for animal feed delivered to farm business owned by estate because there was no legal theory to justify extending piercing the corporate veil.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2017-10-10
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1440

    Trial court correctly found that insurer owed no duty to defend car driver because automobile insurance policy contained an unlisted resident driver exclusion and driver was policyholders live-in girlfriend, was not related to him.