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  • Commonwealth v. Smith

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1279 EDA 2021

    Motion to suppress erroneously granted where police were permitted to seize illegal firearm under plain view doctrine after seeing the gun through an open window during a lawful traffic stop. Order of the trial court reversed, case remanded.

  • Hicks v. Global Data Consultants, LLC

    Publication Date: 2022-08-22
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0942

    Breach of contract and Wage Payment and Collection Law claims arising from underpayment of commissions failed where parties had at-will employment relationship, entitling employer to alter the terms of employment, including compensation, at any time. Order of the trial court affirmed.

  • Jenkins v. Robertson

    Publication Date: 2022-06-27
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0720

    Landlord appealed trial court's order in favor of tenant in landlord/tenant action and court found that trial court, in effect, entered a nonsuit based on landlord's failure to appear and entered judgment simultaneously with entry of its order, that judgment was premature and void and court had no jurisdiction over the appeal. Appeal quashed.

  • Commonwealth v. Lippincott

    Publication Date: 2022-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0443

    Remand was necessary for new sexually violent predator evaluation where offender was subject to amended SORNA provisions rather than Megan's Law II. Order of the trial court vacated, case remanded.

  • Commonwealth v. Velez

    Publication Date: 2022-04-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0425

    Trial court did not abuse its discretion in imposing an above-guidelines range sentence where the trial court considered all relevant mitigating sentencing factors but decided to impose the sentence based on the violent nature of the crime. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Commonwealth v. Harper

    Publication Date: 2022-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0400

    Term-years to life sentence imposed upon defendant for second-degree murder committed as a juvenile did not run afoul of constitutional protections where defendant would have a meaningful opportunity for release that would afford a non-trivial amount of time out of prison. Judgment of sentence affirmed.

  • Milshteyn v. Fitness Int'l LLC

    Publication Date: 2022-03-07
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0244

    Trial court properly granted summary judgment to fitness facility in plaintiffs' slip and fall action because the membership agreement plaintiffs signed was not a contract of adhesion, release in the agreement foreclosed plaintiffs' claims and plaintiffs' claim for gross negligence constituted a wholly distinct claim from the claims presented in their original complaint. Affirmed.

  • Bean Sprouts LLC v. Lifecycle Const. Serv. LLC

    Publication Date: 2022-03-07
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0259

    The court held that the lower court did not err when it found that appellee did not have the requisite minimum contacts with Pennsylvania for the trial court to exercise jurisdiction. Trial court's decision affirmed.

  • McDaniels v. Rutter

    Publication Date: 2021-10-04
    Practice Area: Banking and Finance Laws
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1136

    Trial court properly found bank account owner did not create a gift to appellant by depositing money into a joint account because, under the Pennsylvania Multiple Party Accounts Act, ownership of funds in a joint account was presumed to be in proportion to the net contributions of the still living parties and appellant's complaint was legally insufficient to establish her right to 50 percent of the funds deposited by owner. Affirmed.

  • Salsberg v. Mann

    Publication Date: 2021-09-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1122

    Since plaintiff was at-will employee who could be discharged at any time, for any or no reason, she did not have any reasonable expectation of continued employment guaranteed by contract and, thus, could not state a cognizable claim for intentional interference with existing contractual relations. The superior court affirmed.