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  • Gustafson v. Springfield, Inc.

    Publication Date: 2022-09-05
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0994

    Protection of Lawful Commerce in Arms Act was unconstitutional because it regulated state tort litigation which had too attenuated a link to interstate commerce and infringed upon the states' police powers under the Tenth Amendment. Order of the trial court reversed, case remanded.

  • Funk v. Empfield

    Publication Date: 2022-09-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0999

    Order denying exceptions to master's report in partition action was not appealable where trial court had yet to finally resolve the partition. Appeal quashed.

  • Long v. Long

    Publication Date: 2022-08-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0911

    Although a child support amount arising from a marital settlement agreement that converted to alimony did not constitute equitable alimony, spouse's remarriage did not preclude them from receiving alimony where the agreement did not expressly state that alimony could terminate upon remarriage. Order of the trial court vacated, case remanded.

  • Raymond v. Raymond

    Publication Date: 2022-08-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0882

    Trial court erred in finding grandparents failed to establish standing under 23 Pa.C.S.A. §5324(4) when both of child's adoptive parents were deceased because parents could not posthumously exercise care and control of child, a third party's in loco parentis status did not preclude another third party from seeking custody under §5324(4) and appointment of a guardian had no effect on standing to file custody. Vacated.

  • Commonwealth v. Robinson

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0769

    Trial court was ineffective for failing to call expert witness on eyewitness identification where the victim's identification was a primary issue in the case. Order of the PCRA court affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Commonwealth v. Buchanan Auto., Inc.

    Publication Date: 2022-06-27
    Practice Area: Administrative Law
    Industry: Automotive | Retail | State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0710

    Administrative employee who merely signed sales paperwork was not a "salesperson" within the meaning of the Board of Vehicles Act where they had no interaction or communication with the customer and did not make any "representations" concerning the vehicle being sold. Judgment of sentence vacated.

  • Commonwealth v. Dabney

    Publication Date: 2022-05-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0572

    Use of medical marijuana could still lead to a DUI conviction where the Medical Marijuana Act had not removed marijuana from the list of Schedule I controlled substances and expressly did not preclude civil or criminal penalties for operating under the influence of medical marijuana. Judgment of sentence affirmed.

  • Zabrosky v. Smithbower-Zabrosky

    Publication Date: 2022-04-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0439

    Husband appealed order finding he improperly took money from the parties 529 educational accounts for their children and awarding repayment and interest added to husband's child support arrearages and court found it had jurisdiction to enforce the parties' MSA, trial court properly found him in contempt of the MSA provision requiring full and fair disclosure but trial court erred in converting the award into a child support obligation. Affirmed in part and reversed in part.

  • Getting v. Mark Sales & Leasing, Inc.

    Publication Date: 2022-04-25
    Practice Area: Products Liability
    Industry: Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0448

    Delay damages affirmed where shutdown of courts due to COVID-19 pandemic did not fall in either of the express exceptions to the period of delay under court rules. Judgment affirmed.

  • Sichelstiel v. Sichelstiel

    Publication Date: 2022-04-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0358

    Trial court erred in accepting hearing officer's recommendation that all of father's flow-through income, whether retained by the business or distributed to father, be considered for child support purposes because father was a minority owner and court should only have considered the income that was distributed to father. Vacated.