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  • Commonwealth v. Bankes

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 541 MDA 2022

    Challenge to multiple consecutive sentences constituting potential de facto life sentence denied where trial court imposed standard-range sentences and considered all relevant sentencing statutory factors before articulating reasons for the aggregate sentence imposed. Judgment of sentence affirmed.

  • In the Interest of T.Q.B.

    Publication Date: 2022-11-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1527 MDA 2021

    Appellant juvenile appealed her delinquency adjudication for cyber harassment of a child and transmission of sexually explicit images by a minor after appellant goaded mentally challenged juvenile to lift her shirt and expose the bottom of her breasts on Instagram Live and court rejected appellant's argument that nudity under 18 Pa.C.S. §6321 required a fully exposed breast and found appellant's course of conduct was intended to harass victim. Affirmed.

  • Chilutti v. Uber Tech. Inc.

    Publication Date: 2022-10-31
    Practice Area: Dispute Resolution
    Industry: E-Commerce | Transportation
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1023 EDA 2021

    The trial court erred on granting appellees' motion to compel arbitration where appellants demonstrated there was a lack of a valid online agreement to arbitrate and, thus, they were entitled to invoke their constitutional right to a jury trial. The court reversed.

  • Gross v. Mintz

    Publication Date: 2022-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 959 EDA 2022

    Parent violated gag order provision of custody order prohibiting use of extra-territorial PFA order by referencing it in PFA petition seeking to domesticate the extra-territorial order for purposes of interfering with co-parent's custody rights.

  • Commonwealth v. Anderson

    Publication Date: 2022-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0645

    Trial court properly suppressed evidence where police escalated mere encounter into investigatory detention, without articulable facts leading to reasonable suspicion, after requesting identification and asking investigatory questions that would lead a reasonable person to believe they could not leave the encounter. Order of the trial court affirmed.

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  • Commonwealth v. Lang

    Publication Date: 2022-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0594

    Prosecutors could not use evidence of a defendant's pre-investigation, pre-arrest search for legal counsel to prove consciousness of guilt. Order of the trial court affirmed.

  • Dressler Family, LP v. PennEnergy Res., LLC

    Publication Date: 2022-05-16
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0541

    Royalty provision in oil and gas lease was ambiguous where it did not expressly authorize the deduction of post-production costs but instead contemplated extraction and sale of gas in a manner inconsistent with current industry practices. Order of the trial court reversed, case remanded for further proceedings.

  • Commonwealth v. Murchison

    Publication Date: 2022-03-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0273

    PCR court dismissal of appellant's third PCR petition correctly found appellant's newly discovered DNA results, recently available due to new testing procedures, was merely cumulative and not likely to compel a different result. Affirmed

  • Hausmann v. Bernd

    Publication Date: 2022-03-07
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0253

    Corporate defendants did not "regularly conduct business" for venue purposes where they derived a tiny percentage of their revenue from the county and had been experiencing declining business in the county in the years leading up to the filing of plaintiffs' action. Order of the trial court affirmed.

  • In re M.N.K.

    Publication Date: 2022-02-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0124

    Father challenged the involuntary termination of his parental rights and asserted lack of proper notice of the hearing and court found Children and Youth Social Service Agency did attempt and successfully effectuated service on father via certified mail. Affirmed.