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Publication Date: 2023-05-22
Practice Area: Landlord Tenant Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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for defendant:
Case Number: 835 EDA 2022
Landlord's admitted withholding of evicted tenant's property was sufficient to impose contempt for violating trial court's order to turn over the property, but record did not support the judgment amount awarded by the trial court. Judgment of the trial court affirmed in part and vacated in part, case remanded.
Publication Date: 2023-04-17
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
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for defendant:
Case Number: 282 MDA 2022
Evidence was sufficient to support conviction for endangering the welfare of a child where commonwealth presented evidence and testimony that defendant withheld food from child and made her sleep on the floor as punishment, which resulted in the child becoming visibly malnourished and displaying symptoms of PTSD and other mental health issues. Judgment of sentence affirmed.
Publication Date: 2023-02-20
Practice Area: Litigation
Industry: Insurance | Transportation
Court: Superior Court
Judge: Judge Nichols
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Case Number: 611 WDA 2021
Appellant workers' compensation carrier appealed the order denying its petition to intervene in action initiated by injured bus driver in a praecipe for writ of summons against other driver and court found the order was not an appealable collateral order because appellant had no legally enforceable interest and no right that needed to be protected. Appeal quashed.
Publication Date: 2022-12-05
Practice Area: Legal Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Nichols
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Case Number: 1442 WDA 2021
The trial court erred in allowing the individual defendant, an officer of the defendant corporation but not a licensed attorney, to appear pro se on behalf of both herself and the defendant corporation in these legal proceedings. The appellate court reversed in part.
Publication Date: 2022-12-05
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Nichols
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Case Number: 935 WDA 2021
Trial court could not anticipatorily revoke a consecutive sentence of probation following a violation of conditions of county intermediate punishment as no violations of the conditions of a term of probation could occur before a defendant began serving that term. Judgment of sentence vacated, case remanded.
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Authors: Gary L. Brown
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Publication Date: 2022-10-31
Practice Area: Trusts and Estates
Industry: Legal Services | Real Estate
Court: Superior Court
Judge: Judge Nichols
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Case Number: 2103 EDA 2021
Non-attorney trustee could not lawfully represent trust during legal proceedings, and their filings had to be stricken although it did not require quashal of the appeal. Appellee's motion to quash appeal denied, appellant's brief stricken.
Publication Date: 2022-05-02
Practice Area: Constitutional Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 22-0475
Appellants appealed the permanent injunction that dictated which way their multiple yard signs should face in their conflict with their backyard neighbors and court found trial court applied the incorrect legal standard. Vacated and remanded.
Publication Date: 2022-05-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 22-0484
Trial court erred in instructing jury that medical marijuana was not a Schedule I controlled substance or that a DUI conviction required proof that marijuana found in a driver's bloodstream came from non-medical marijuana, where the DUI statute continued to make marijuana intoxication per se illegal. Order of the trial court reversed, case remanded.
Publication Date: 2022-03-22
Practice Area: Attorney Rates and Arrangements | Real Estate
Industry: Financial Services and Banking | Automotive
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 22-0302
Plaintiff correctly argued that when a reverse mortgage is due because of a mortgagor's death, the mortgagor's heirs are not necessarily entitled to notice of and the right to exercise the option to purchase the mortgaged property for 95 percent of its appraised value; however, defendants demonstrated that plaintiff failed to comply with relevant federal regulations governing reverse mortgages. The superior court affirmed.
Publication Date: 2022-02-21
Practice Area: Health Care Law
Industry: Health Care | Insurance | Retail
Court: Superior Court
Judge: Judge Nichols
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for defendant:
Case Number: 22-0189
Trial court erred in finding appellant insurers failed to join indispensable parties and in its application of the Workers' Compensation Act in insurers' action asserting pharmacies created an unlawful business structure in which doctors prescribed topical compound pain creams and received kickbacks, but properly found appellants failed to present evidence to support claims of fraud, unjust enrichment, aiding and abetting. Affirmed
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