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Publication Date: 2020-04-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0427
The trial court erred in revoking defendant's probation based on his failure to pay court costs since the costs were not part of defendant's sentence but merely incidental to the judgment imposed. The superior court vacated defendant's judgment of sentence and remanded.
Publication Date: 2020-04-20
Practice Area: Contractual Disputes
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0418
Trial court erred in granting a permanent injunction and in allowing appellee to restrict appellant's access to a building under its lease and court reversed to the extent the order permitted appellee to impose restrictions on appellant's contractual "24/7" right of access. Affirmed in part and reversed in part.
Publication Date: 2020-04-13
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0386
Addressing an issue of first impression, the superior court concluded that absent clear authority or a contrary directive by the state's high court, Chapter 3 of the Rules of Criminal Procedure does not govern Veterans Treatment Court. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-01-13
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0008
Conviction for patronizing a victim of sexual servitude and concealment of the whereabouts of child affirmed where evidence demonstrated defendant knew victim was a minor "runaway" who was being sexually trafficked and kept the victim in his home for several weeks without making attempts to return her home or contact law enforcement. Judgment of sentence affirmed.
Publication Date: 2019-11-25
Practice Area: Real Estate
Industry: Construction
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1380
Trial court properly held LLC home-builder and its principal jointly and severally liable for warranty and Unfair Trade Practices and Consumer Protection Law violations where record supported finding that defendants failed to remedy home defects they were provided timely notice of and misrepresented the quality of the home they sold to plaintiffs. Judgment affirmed.
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Publication Date: 2019-10-21
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1240
Trial court erred in denying appellants' motion for JNOV in plaintiff's personal injury action for injuries caused by opposing fans at a football stadium because property owners were liable to business invitees for harm caused by the foreseeable criminal actions of third parties and record did not support trial court's conclusion that appellants were on notice that violent assaults occurred in the restrooms. Reversed and vacated.
Publication Date: 2019-10-21
Practice Area: Personal Injury
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Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1239
Trial court correctly refused to charge the jury on 75 Pa. C.S.A. §3321 of the motor vehicle code in bicyclist's action against driver after they collided in an intersection because appellant's admitted violation of §3323(b) forfeited his right-of-way proscribed by §3321 and thus §3321 was inapplicable. Affirmed.
Publication Date: 2019-09-09
Practice Area: Dispute Resolution
Industry: Construction
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1061
Trial courts properly denied appellant builder's petition to compel arbitration in subsequent homeowners' actions for construction defects, unfair trade practices, negligent misrepresentation, fraud and negligence because the plain language of the warranty required a subsequent owner to execute a specific acknowledgement and assignment form, none of the subsequent homeowners had done so and there was no valid agreement compelling them to arbitrate. Affirmed.
Publication Date: 2019-09-02
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1029
Trial court erred by deeming federal judge's Section 80 income marital property subject to equitable distribution where there was insufficient evidence to determine whether it qualified as income or retirement benefits subject to equitable distribution. Order of the trial court reversed in part and affirmed in part, case remanded.
Publication Date: 2019-08-26
Practice Area: Criminal Appeals
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Court: Superior Court
Judge: Judge Murray
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Case Number: 19-0990
The appellate court lacked jurisdiction to hearing the commonwealth's appeal where its notice of appeal did not contain a statement certifying that the suppression order appealed from would terminate or substantially handicap the prosecution as required by Pa.R.App.P. 311(d). The appellate court quashed the commonwealth's appeal.
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