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  • Khalil v. Cole

    Publication Date: 2020-10-19
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1141

    Trial court correctly applied res judicata to dismiss appellant's legal malpractice complaint and properly sustained appellees' preliminary objections based on lis pendens, the shifting of names on an underlying legal doctrine was proper and the operative facts and issues raised by appellant in this case and the 2013 lawsuit were the same. Affirmed.

  • Commonwealth v. Richard

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1055

    Trial court erred in suppressing evidence from warrantless vehicle search where officers initiated the traffic stop for lack of registration and where defendant's nervous demeanor and noticeable odor of marijuana provided probable cause for a search. Order of the trial court reversed, case remanded for further proceedings.

  • Franks v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2020-08-17
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0883

    Insurer was required to obtain new stacking waiver where insureds removed vehicle from multi-vehicle policy, as doing so changed the potential amount of stacked coverage. Judgment of the trial court reversed, case remanded.

  • Commonwealth v.Chichkin

    Publication Date: 2020-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0574

    The superior court found that a provision of §3806(a) of the Motor Vehicle Code, which statutorily equates a defendant's prior acceptance of an accelerated rehabilitative disposition in a driving under the influence case to be a prior "conviction" for purposes of a mandatory minimum sentence under §3804, to be unconstitutional. The superior court reversed and remanded.

  • In re: Estate of Wagner

    Publication Date: 2020-05-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0524

    Orphans' court properly dismissed, for lack of jurisdiction, a petition for breach of fiduciary duties and accounting where no timely appeal was taken from the order discharging the plenary guardian. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

    View this Book

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  • Commonwealth v. Harper

    Publication Date: 2020-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0388

    Trial counsel found ineffective for failing to seek suppression of admissions made before defendant was given Miranda rights, when the statements served as sole evidence to support defendant's conviction on firearms offenses. Order of the PCRA court reversed, case remanded for a new trial.

  • Commonwealth v. Peak

    Publication Date: 2020-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0383

    Pursuant to §6309.2 of the Motor Vehicle Code, police had authority to tow defendant's vehicle in the interest of public safety where the vehicle was stopped in front of a convenience store gas pump, obstructing the business and customers. The superior court affirmed defendant's judgment of sentence.