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Publication Date: 2019-09-02
Practice Area: Legislation | Trusts and Estates
Industry: State and Local Government
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1032
Father challenged trial court's grant of mother's petition for forfeiture of father's share of wrongful death proceeds after child's accidental death and court found trial court did not abuse its discretion because the amendments to the failure-to-support clause in 20 Pa.C.S. §2106(b) were clearly intended to prohibit a non-performing parent from collecting a windfall in the tragic event of the child's death. Affirmed.
Publication Date: 2019-08-12
Practice Area: Administrative Law | Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0942
Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.
Publication Date: 2019-08-12
Practice Area: Employment Litigation
Industry: Construction
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 19-0952
Plaintiff appealed the trial court order dismissing his claims against defendant, based on defendant's status as a statutory employer under the worker's compensation act, and court found any procedural errors that occurred were with plaintiff's willful acquiescence and he waived his claims. Affirmed.
Publication Date: 2019-07-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0839
The record failed to establish a valid waiver of counsel where the entire exchange on the issue between defendant and the trial judge was truncated and insufficient to demonstrate a colloquy memorializing a knowing and voluntary waiver. The appellate court vacated defendant's judgment of sentence.
Publication Date: 2019-07-22
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0837
The trial court erred in denying defendant's motion to suppress evidence obtained through real-time cell site location information, or CSLI, tracking since an individual maintains a legitimate expectation of privacy in the record of his physical movements captured through both historical and real-time CSLI tracking and, therefore, a warrant supported by probable cause was required. The appellate court vacated defendant's judgment of sentence, reversed in part and remanded.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2019-07-22
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0841
The trial court did not err in awarding wife exclusive possession of the marital residence in a protection from abuse order since the Protection From Abuse Act allows a court to grant a plaintiff exclusive possession of a residence, even where the defendant is the sole owner, if the defendant has a duty to support the plaintiff or minor children living in the residence. The appellate court affirmed.
Publication Date: 2019-07-01
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0711
Trial court erred in dismissing appellant's action for fraud and civil conspiracy against diocese and diocesan officials because defendants were not entitled to judgment on pleadings since it was for the jury to determine if appellant exercised reasonable diligence to toll the statute of limitations, if defendants' silence was fraudulent concealment and if appellant sufficiently alleged a fiduciary relationship. Reversed.
Publication Date: 2019-06-24
Practice Area: Motor Vehicle Torts | Personal Injury
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0726
Trial court erred in sending the question of negligence to the jury in an automobile accident case because defendant disobeyed the second clause of 72 Pa. C.S.A. §3361 by driving at a speed that prevented him from fully braking before striking plaintiff's car and he committed negligence per se. Vacated and reversed.
Publication Date: 2019-06-10
Practice Area: Criminal Law
Industry: Education
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0660
Trial court imposed illegal sentence against corporate criminal defendant by barring it from doing business in Pennsylvania as a condition of the probation ordered in the judgment of sentence. Judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2019-04-29
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0481
The trial court did not deprive defendant of his constitutional due process rights when it found him ineligible for the Recidivism Risk Reduction Incentive program under 61 Pa.C.S. §4503(5) since defendant had no constitutional right or interest in participating in that program. The appellate court affirmed defendant's judgment of sentence.
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