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  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2018-04-03
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0391

    Landlord did not breach lease by declaring tenant in default, where lease terms explicitly defined default as tenants vacating of premises and tenant had physically moved out of space. Judgment affirmed in part and reversed in part.

  • Commonwealth v. Lewis

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0289

    Person who called authorities reasonably believing she was suffering from a drug overdose was entitled to immunity from prosecution under the Drug Overdose Response Immunity statute.

  • In Re: Risperdal Litig.

    Publication Date: 2017-12-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1849

    Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.

  • In re Risperdal Litig.

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1750

    Trial court erred in permitting fact witness to offer opinion without determining whether witness qualified as expert, where testimony offered sole alternative explanation for plaintiffs injury. Judgment reversed, case remanded.

  • Commonwealth v. McCullough

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1110

    The trial court did not err in removing defendant from the sexual offender registry pursuant to the holding in Commonwealth v. Muniz, which overruled Commonwealth v. Demora and held that the Sexual Offender Registration and Notification Act was an unconstitutional ex post facto law when applied retroactively to sexual offenders convicted of applicable crimes before the acts effective date. The court affirmed the trial courts order.