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  • In re Estate of Jabbour

    Publication Date: 2020-10-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1140

    Orphans' court did not abuse its discretion in allowing widow to revoke her spousal election to take against decedent's will where executrix of estate challenged widow's withdrawal of her election years after she made the election because there was no set deadline for such a revocation, widow did not have full knowledge of the facts when she made her election and the delay did not prejudice anyone. Affirmed.

  • Commonwealth v. Gurung

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1048

    Since 75 Pa.C.S. §3334 requires drivers to use a turn signal when moving from one lane of traffic to another, the suppression court erred in determining that police lacked probable cause to stop defendant's vehicle after observing him changing lanes without signaling. The appellate court reversed and remanded.

  • Commonwealth v. Smith

    Publication Date: 2020-09-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0997

    Defendant's excessive speed on a curvy road lined with residences provided a sufficient basis for probable cause for a traffic stop. Judgment of sentence affirmed.

  • Commonwealth v. Carmenates

    Publication Date: 2020-09-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0993

    The trial court erred in granting defendant's motion to suppress evidence based on a finding that his consent to a vehicle search was not knowing and voluntary where the record lacked any evidence that the arresting officer acted in a way that would reasonably have coerced or pressured the Spanish-speaking defendant into giving consent. The superior court reversed and remanded.

  • Reibenstein v. Barax

    Publication Date: 2020-08-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0892

    Trial court erred in finding administratrix's wrongful death and survival causes of action against primary care physician were time barred under the medical care availability and reduction of error act because subsection 1303.513(d) was ambiguous and "affirmative misrepresentation or fraudulent concealment of the cause of death" meant affirmative misrepresentations about or fraudulent concealment of conduct plaintiff alleged led to decedent's death. Reversed and remanded.

  • 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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  • Bowman v. Rand Spear & Assoc. P.C.

    Publication Date: 2020-07-20
    Practice Area: Judges
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0763

    The trial court did not err in finding that plaintiff failed to carry her burden to establish substantial doubt about the trial court's ability to preside impartially where she was unable to produce any evidence establishing bias, prejudice or unfairness. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v.Bright

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0696

    The trial court did not abuse its discretion in denying defendant's motion to disclose the identity of two confidential informants involved in a supervised drug buy where he failed to explain how testimony from these informants could have aided in his defense. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v.Anderson

    Publication Date: 2020-06-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0669

    The trial courtproperly denied defendant's untimely Post Conviction Relief Act petition where he filed the petition more than a year after his judgment of sentence became final without pleading or proving any exception to the PCRA time-bar. The superior court affirmed defendant's judgment of sentence.

  • SDO Fund II D32, LLC v. Donahue

    Publication Date: 2020-06-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0686

    Appellant argued trial court erred by not striking or opening the confessed judgment and court found trial court properly found a prior judgment did not exhaust the warrant of attorney because the plain language of the guaranty empowered fund to confess judgment as many times as necessary until it received payment in full. Affirmed.

  • Commonwealth v. Zeno

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0526

    Lifetime Sexual Offender Registration and Notification Act requirements imposed upon an offender who committed crimes while a juvenile constituted cruel and unusual punishment. Order of the trial court reversed, case remanded.