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  • In re Estate of Emery

    Publication Date: 2021-09-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1082

    Trial court's 2020 order, addressing the exact amount an executor was to distribute to appellant from decedent's multiple party bank account, did not run afoul of 42 Pa. C.S.A. §5505 because that order did not modify a 2018 order which ordered distribution but did not address the amount of money involved. Affirmed.

  • Perelman v. Raymond G. Perelman Revocable Trust

    Publication Date: 2021-08-09
    Practice Area: Discovery
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0899

    Appellant trust appealed order denying the motion for a protective order and directing appellee Cozen to produce certain documents during discovery and court found trial court did not err in applying the self-defense exception in profession conduct rule 1.6(c)(4) in this case but did err in declining to find that the parties had not waived privileges for other confidential communications relating to the same subject matter. Affirmed in part and reversed in part.

  • Commonwealth v. Mattis

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0557

    Trial court erred in denying suppression motion where defendant could not validly consent to search of vehicle after police, having resolved the initial speeding violation, asked defendant to exit his vehicle and requested consent for a search while in possession of defendant's documents, thereby subjecting him to an unlawful investigatory detention. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Young

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0241

    The superior court lacked jurisdiction to hear an appeal challenging defendant's sex offender registration requirements where those requirements arose from a foreign judgment of sentence, not from defendant's third-degree murder and conspiracy convictions docketed herein. The superior court affirmed.

  • Erie Ins. Exch. v. King

    Publication Date: 2021-02-15
    Practice Area: Insurance Law
    Industry: Insurance | Transportation
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0161

    Although stacking waiver could not apply to uninsured motorist benefits obtained as a guest passenger, the household exclusion served to bar a claim for UM coverage where the vehicle involved in the accident was owned by a named insured under the UM policy. Order of the trial court affirmed.

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  • DiDonato v. Ski Shawnee, Inc.

    Publication Date: 2020-11-09
    Practice Area: Wrongful Death
    Industry: Education | Entertainment and Leisure
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1212

    Defendants waived arbitration by failing to produce the purported arbitration agreement and instead engaging in a year of venue-related litigation before ultimately filing preliminary objections to compel arbitration, demonstrating an intentional engagement with the judicial process rather than an effort to seek arbitration. Order of the trial court affirmed in part and reversed in part, case remanded.

  • Commonwealth v. Manzano

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0966

    SVP designation and registration provisions applicable to SVPs were not unconstitutional given the heightened public safety concerns regarding SVPs whose mental or personality abnormalities made them more likely to commit predatory sexual offenses. Judgment of sentence affirmed.

  • Commonwealth v. Duncan

    Publication Date: 2020-09-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0964

    Petition challenging the constitutionality of sex offender registration requirements under ex post facto rules was erroneously construed by the trial court as a PCRA petition, where sex offender registration challenges were not cognizable under the PCRA and petitioner had already completed his sentence of imprisonment and was therefore eligible for PCRA relief. Order of the trial court reversed, case remanded.

  • Szwerc v. Lehigh Valley Health Network, Inc.

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0796

    Appellant appealed the denial of his post-appeal motion for attorney fees incurred in the appeal and collection of judgment in his breach of employment contract action under the Wage Payment and Collection Law and court found trial court correctly concluded it lacked jurisdiction to consider appellant's untimely motion. Affirmed.

  • Commonwealth v. Snook

    Publication Date: 2020-03-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0307

    Defendant's original judgment of sentence no longer stood when he filed his current petition for relief under the Post Conviction Relief Act; therefore, his current PCRA petition was the first PCRA petition from the latest judgment of sentence which was also timely. The appellate court affirmed in part, vacated in part and remanded.