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  • Carlini v. Glenn O. Hawbaker, Inc.

    Publication Date: 2019-09-30
    Practice Area: Evidence
    Industry: Construction
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1136

    The trial court abused its discretion in admitting financial records and testimony regarding defendant's net worth where there was no indication that the witness offering such evidence possessed knowledge sufficient to authenticate the financial records, which had been prepared by an outside tax advisory firm. The appellate court affirmed in part and reversed in part.

  • Karden Constr. Serv., Inc. v. D'Amico

    Publication Date: 2019-09-30
    Practice Area: Contracts
    Industry: Construction | Consulting
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1147

    Trial court did not abuse its discretion in rejecting appellant's evidence in remand trial limited to the issue of damages in appellant's action for breach of contract and unjust enrichment over an alleged litigation and construction management contract because trial court was entitled to reject appellant's testimony as inconsistent. Affirmed.

  • Farrell v. Farrell

    Publication Date: 2019-09-23
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1077

    Trial court was authorized to sanction counsel where counsel permitted client's pro se discovery responses, which failed to comply with the trial court's order compelling production of discovery, to be served on opposing counsel. Order of the trial court affirmed.

  • Commonwealth v. Benitez

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1085

    Consent to canine search was validly given where police developed reasonable suspicion during valid traffic stop for a registration issue, and there was no indication defendant was coerced or threatened or made an unintelligent decision to consent to search. Judgment of sentence affirmed.

  • In the Interest of: D.M.D.-C.

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1026

    Biological parent whose parental rights had been terminated qualified as a "foster parent" eligible to receive foster care payments upon providing a foster home to the parent's biological child. Order of the trial court affirmed.

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  • Commonwealth v. Reed

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0968

    There was enough evidence to sustain defendant's convictions on trespass and burglary charges where the record established that the shed which defendant and an accomplice broke into and stole from was a "building" within the meaning of the burglary and criminal trespass statutes. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Gray

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0691

    The trial court erred in finding that exigent circumstances justified the warrantless entry into defendants' residence where the commonwealth failed to establish, by clear and convincing evidence, that there was a compelling need to enter the residence. The appellate court reversed defendants' judgments of sentence.

  • Estate of Krappa v. Lyons

    Publication Date: 2019-06-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0678

    Hospital's credentialing committee materials were not entitled to Peer Review Protection Act protection because a credentialing committee did not qualify as a "review committee" entitled to PRPA protection. Order of the trial court affirmed.

  • Commonwealth v. Scott

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0646

    Police lacked probable cause to extend vehicle search for narcotics from passenger compartment to trunk where police could not articulate facts that would indicate a likelihood that additional contraband would be found in the vehicle trunk. Order of the trial court affirmed.

  • In the Interest of I.R.-R.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0526

    Trial court erred in adjudicating children dependent because the evidence DHS presented was not competent to support the adjudication where child's out-of-court statements regarding father's alleged sex abuse were admitted as evidence of her state of mind and were not substantive evidence that father perpetrated any acts of sexual abuse. Vacated.