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Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
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Case Number: 1236 EDA 2023
A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.
Publication Date: 2024-05-31
Practice Area: Evidence
Industry: E-Commerce | State and Local Government | Technology Media and Telecom
Court: Superior Court
Judge: Judge Dubow
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Case Number: 2886 EDA 2022
Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.
Publication Date: 2024-04-19
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Superior Court
Judge: Judge Dubow
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Case Number: 1861 EDA 2023
Appellant restaurant appealed the grant of a new trial on damages in appellee's slip and fall case and court reversed trial court's grant of a new trial on damages and remanded for the court's consideration of appellee's claim that the jury's $1,000 verdict was against the weight of the evidence. Order reversed.
Publication Date: 2024-04-05
Practice Area: Contracts
Industry: Legal Services
Court: Superior Court
Judge: Judge Dubow
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Case Number: 729 EDA 2023
Attorney retainer agreements contained an implicit contractual obligation to provide legal services consistent with that expected from the profession, and thus the trial court erred in converting former client's breach of contract claim into a malpractice claim and dismissing the case under the negligence statute of limitations. Order of the trial court reversed, case remanded.
Publication Date: 2024-03-29
Practice Area: Evidence
Industry: E-Commerce
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 2886 EDA 2022
Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-03-22
Practice Area: Immigration Law
Industry: Federal Government
Court: Superior Court
Judge: Judge Dubow
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Case Number: 1579 EDA 2023
Appellant appealed the trial court's order denying his petition for issuance of an order containing specific factual findings regarding appellant's nephew, which were necessary to petition the U.S. Citizenship and Immigration Services for special immigration juvenile status. The court affirmed, concluding that appellant's nephew did not qualify for SIJS where the trial court did not appoint appellant to serve as nephew's legal custodian, and nephew instead lived with appellant pursuant to a custody agreement with nephew's mother.
Publication Date: 2024-03-22
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Dubow
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Case Number: 2200 EDA 2022
Juvenile appellant challenged a dispositional order after juvenile court accepted appellant's admissions but rejected the agreed-upon disposition and court found juvenile court violated Pa.R.J.C.P. 407(A)(3) by accepting part of the tender, the admission, and basing its adjudication of delinquency solely on appellant's admission, without allowing appellant to withdraw the admission and/or without accepting additional evidence from either party. Vacated and reversed.
Publication Date: 2024-03-15
Practice Area: Family Law
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Court: Superior Court
Judge: Judge Dubow
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Case Number: 855 WDA 2023
Grandparents' supervised physical custody was insufficient to constitute "physical custody" giving them the status of a "person acting as a parent" and thus their residency in Pennsylvania was insufficient to confer continuing jurisdiction over the custody matter to the Pennsylvania courts. Order of the trial court affirmed.
Publication Date: 2024-02-23
Practice Area: Personal Injury
Industry: Distribution and Wholesale | Retail
Court: Superior Court
Judge: Judge Dubow
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Case Number: 856 EDA 2023
Trial court reversed order transferring venue where defendants failed to identify proposed witnesses and link their evidence to the potential defense in support of their claim of hardship. Order of the trial court reversed, case remanded.
Publication Date: 2024-01-29
Practice Area: Products Liability
Industry: Distribution and Wholesale | E-Commerce | Manufacturing
Court: Superior Court
Judge: Judge Dubow
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Case Number: 2356 EDA 2022
Trial court properly transferred appellants' products liability/strict liability, negligence and breach of warranty action to Bucks county, where appellants resided, because there was no evidence demonstrating that manufacturer's contacts with Philadelphia county were continuous, habitual, or regular. Affirmed.
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