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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:
for defendant:
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
Attorneys: For plaintiff:
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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
Publication Date: 2021-12-27
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 21-1496
Unintentional error in failing to recognize significance of evidence favorable to defense and turn over the evidence did not rise to the level of prosecutorial overreach that warranted application of the double jeopardy rule. Order of the trial court reversed, case remanded.
Publication Date: 2021-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 21-1091
Defendant's Post Conviction Relief Act claim failed where defendant could not show that defense counsel would be required as a fact witness or that another attorney would have been better positioned to represent defendant due to his counsel's prior limited representation of other parties involved in the underlying facts of the case. Order of the PCRA court affirmed.
Publication Date: 2021-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 21-0930
Court erred in sentencing on violation of probation where the technical violation finding was based on evidence that was later suppressed by the trial court in the related criminal trial on new criminal charges. Judgment of sentence vacated, case remanded.
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Authors: Gary L. Brown
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Publication Date: 2021-08-16
Practice Area: Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 21-0921
Bucks County Children and Youth Social Services appealed a dependency review order requiring it to pay for the costs of a Soberlink alcohol monitoring device for child's father and court found order was appealable but CYS waived its issues by failing to object before the trial court. Affirmed.
Publication Date: 2021-06-07
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 21-0638
Participation in custody proceedings did not constitute parent's waiver of confidentiality protections under the Mental Health Procedures Act, as courts could use less intrusive means to evaluate a parent's mental health. Orders of the trial court affirmed in part and reversed in part, case remanded.
Publication Date: 2021-05-03
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0484
Trial court did not abuse its discretion in granting appellee a new trial limited to damages in her medical malpractice action because liability was fairly determined, it was not intertwined with damages and a new trial limited to damages was appropriate because appellee endured compensable pain and suffering. Affirmed.
Publication Date: 2021-03-15
Practice Area: Civil Appeals
Industry: Construction
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0266
The appellate court lacked jurisdiction to review a trial court order on appeal under the collateral order doctrine because the challenged order involved a question of fact regarding application of the statute of repose that was not separable from plaintiffs' main cause of action. The superior court granted an application to quash defendants' appeal.
Publication Date: 2021-01-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0033
The trial court properly found that defendant could challenge the application of Pennsylvania's sexual offender registration statute, or SORNA II, outside the framework of the Post-Conviction Relief Act, though defendant was entitled to a hearing on whether his negotiated guilty plea precluded application of the scheme and its possible alteration of his agreed-upon sentence. The superior court vacated and remanded.
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