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Publication Date: 2024-11-22
Practice Area: Civil Procedure
Industry: Biotechnology | Pharmaceuticals
Court: Superior Court
Judge: Judge Kunselman
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for defendant:
Case Number: 2747 EDA 2023
Appellants appealed from the trial court's order dismissing their complaint against appellee for lack of subject matter jurisdiction. The court reversed and remanded, holding that a Chinese company's deregistration under Chinese law did not deprive the trial court of subject matter jurisdiction over the company's lawsuit where Pennsylvania law provided that the company continued to exist for the duration of the litigation.
Publication Date: 2024-10-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 539 MDA 2023
Evidence was sufficient to convict for DUI where footage demonstrated driver's lack of balance, slurred speech, and admission to consuming prescription medication. Judgment of sentence affirmed.
Publication Date: 2024-10-04
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 862 WDA 2023
Weight of evidence supported trial court's rejection of will where it discredited fact witness evidence regarding execution of the purported will, allowing the trial court to rely on expert testimony opining that the signature was a forgery. Order of the trial court affirmed.
Publication Date: 2024-09-27
Practice Area: Deals and Transactions
Industry: Real Estate
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 1698 MDA 2023
The court quashed the attempted appeal by appellants from the judgment of possession entered by the trial court in favor of appellees because the judgment of possession was not a final and appealable order.
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 876 WDA 2023
Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.
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Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 140 MDA 2024
Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.
Publication Date: 2024-08-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 1495 MDA 2023
Appellant appealed the trial court's judgment of sentence on his jury conviction of two counts each of possessing an offensive weapon and possessing a weapon or implement of escape. Appellant argued that the offense of prohibited offensive weapons was a lesser included offense of the crime of weapons or implements of escape. The court affirmed, holding as a matter of first impression that the offenses did not merge for purposes of sentencing.
Publication Date: 2024-08-23
Practice Area: Family Law
Industry: Agriculture | Construction | Retail
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 1686 MDA 2023
Mother appealed the trial court's order setting father's child support obligation after she sought upward modification. The court affirmed in part, vacated in part, and remanded, holding that the trial court did not abuse its discretion when it failed to include the profits of father's closely-held corporation in its calculation of father's monthly net income, when it failed to include rental incomes paid by the corporation to father, or when it annualized mother's personal injury settlement until the couple's child turned 18 rather t
Publication Date: 2024-07-05
Practice Area: Contracts
Industry: Construction
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 995 WDA 2022
Anticipatory repudiation of contract gave counterparty the right to treat the contract as immediately terminated, which absolved the counterparty of its obligation to honor the repudiating party's right to terminate without cause. Judgment of the trial court affirmed.
Publication Date: 2024-06-28
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 367 WDA 2023
Petition to strike a discontinuance of an action constituted a new matter that divested the appellate court of jurisdiction due to the pendency of the action before the trial court. Appeal quashed.
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