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  • K.N.B. v. M.D.

    Publication Date: 2020-02-10
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0132

    Protection order under the Protection of Victims of Sexual Violence or Intimidation Act affirmed where plaintiff presented credible testimony of a non-consensual sexual encounter with defendant and that she sought a protective order to avoid the apprehension and fear of continuing to encounter defendant. Order of the trial court affirmed.

  • Commonwealth v. Matthews

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0104

    Conviction partially vacated and judgment remanded for resentencing where influenced in part by unconstitutional enhanced criminal penalties for refusal to submit to a warrantless blood test. Judgment of sentence vacated, conviction vacated in part, case remanded for resentencing.

  • Commonwealth v. Price

    Publication Date: 2020-01-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0005

    Denial of suppression of evidence reversed and remanded where traffic stop and search was based solely on 911 report that defendant was in possession of a firearm, with no further information indicating defendant was illegally possessing a firearm or otherwise engaged in illegal activity. Judgment of sentence vacated, case remanded.

  • Cragle v. O'Brien

    Publication Date: 2020-01-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1513

    Medical malpractice plaintiff was not entitled to adverse inference instruction where plaintiff failed to expressly ask for altered/destroyed record instruction and where both parties agreed that the events described in allegedly-altered portions of records did not happen. Judgment affirmed.

  • Smith v. Cordero

    Publication Date: 2019-12-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1401

    Trial court erred in denying estate's motion to strike two jurors in a medical malpractice case where voir dire was conducted by court clerk and jurors expressed the view that medical malpractice suits had affected the cost and availability of medical services. Judgment vacated.

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    Florida Evidence and Procedure 2019

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  • Commonwealth v. Knecht

    Publication Date: 2019-09-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1135

    The "retroactive right" timeliness exception did not apply to defendant's untimely PCRA petition since neither the state's high court nor the U.S. Supreme Court has held that the right at issue, application of Pennsylvania's Sex Offender Registration Act as interpreted in Commonwealth v. Muniz, applied retroactively. The appellate court affirmed the denial of post-conviction relief and granting counsel's petition to withdraw.

  • Commonwealth v. Knox

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1138

    The trial court did not err in denying defendant's motion to suppress his statement to police where the commonwealth established defendant's knowing and intelligent waiver of his Miranda rights, even though he had at one point been found incompetent to stand trial. The appellate court affirmed defendant's judgment of sentence.

  • Delta Health Tech., LLC v. Companions and Homemakers, Inc.

    Publication Date: 2019-09-16
    Practice Area: Contracts
    Industry: Health Care | Software
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1082

    Personal jurisdiction proper where customer came to in-person meetings in Pennsylvania and accessed subscription software created by Pennsylvania company and loaded onto servers located in Pennsylvania and maintained from the company's Pennsylvania headquarters. Order of the trial court affirmed.

  • Commonwealth v. Miller

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1093

    The evidence of record was sufficient to sustain defendant's conviction for aggravated assault as the jury was free to believe that defendant meant what he repeatedly said to the victim when he threated to shoot and kill him while simultaneously pointing a gun at his head. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Kennedy

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1092

    No double jeopardy violation where the trial court sua sponte declared a mistrial in the first trial after the jury was confronted by defendant's girlfriend, who was a potential defense witness, after which jurors expressed feeling intimidated and noted their concerns over whether they could fairly judge her credibility if she testified. Order of the trial court affirmed.