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  • In the Interest of: A.R.

    Publication Date: 2023-12-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1510 EDA 2023

    In consolidated cases, mother appealed the trial court's order involuntarily terminating her parental rights to her daughter and changing child's permanency goal to adoption. The court affirmed, holding that intellectually disabled mother suffered no equal protection violation where the trial court terminated parental rights based on her inability to meet child's needs, rather than her intellectual capacity.

  • In the Interest of: S.A.S.

    Publication Date: 2023-12-04
    Practice Area: Family Law
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 504 EDA 2023

    Trial court abused its discretion in dismissing dependency petition after finding that child did not experience substantial pain despite suffering multiple fractures and where parents failed to establish alternate explanations of injury after DHS established a prima facie case. Order of the trial court reversed, case remanded.

  • Commonwealth v. Hamilton

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1141 WDA 2022

    Trial counsel erred in failing to object to motion to join separate theft and shooting cases where evidence of the theft was completely irrelevant to the issue of malice or self-defense in the shooting case. Order of the PCRA court reversed, remanded for new trial.

  • Shell v. Shell

    Publication Date: 2023-10-16
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 442 EDA 2023

    Trial court properly found that grounds for divorce were not established under 23 Pa. C.S. §3323(g)(3) because no affidavit was ever filed, wife's verification attached to the divorce complaint did not satisfy the affidavit requirement and administrator of decedent husband's estate's reliance on estoppel failed. Affirmed.

  • Johnson v. Toll Bros., Inc.

    Publication Date: 2023-10-02
    Practice Area: Consumer Protection
    Industry: Construction
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2119 EDA 2022

    Home construction was "lawful" where authorized by the governing body with jurisdiction over the project, even though contractor may have violated applicable building regulations during construction. Order of the trial court affirmed.

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  • PennEnergy Res., LLC v. Winfield Res., LLC

    Publication Date: 2023-08-14
    Practice Area: Dispute Resolution
    Industry: Energy
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 464 WDA 2022

    Trial court erred in not vacating arbitrator's award because there was no agreement to arbitrate between plaintiff and the real party in interest, a limited partnership in which defendant was a general partner, plaintiff did not receive notice that defendant was bringing the action as limited partnership's general partner and arbitrator exceeded his authority. Reversed.

  • King v. Driscoll

    Publication Date: 2023-06-19
    Practice Area: Contracts
    Industry: Food and Beverage | Legal Services
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1291 WDA 2022

    Trial court erred in enforcing settlement negotiated by parties' counsel where party opposing enforcement unequivocally testified that he never gave his attorney express authority to agree to a settlement and trial court failed to resolve that factual dispute. Order of the trial court reversed, case remanded.

  • Cardinal Midstream II, LLC v. Energy Transfer LP

    Publication Date: 2023-06-05
    Practice Area: Contracts
    Industry: Construction | Energy
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 609 WDA 2022

    Expert reports created in response to government directive during investigation into gas pipeline explosion were not privileged work product materials and thus could be discoverable. Order of the trial court affirmed.

  • Rouse v. Rosenberg

    Publication Date: 2023-05-29
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 828 WDA 2022

    Trial court properly dismissed plaintiff's action asserting emotional distress from defendants' interference with a dead body where defendants' son killed plaintiff's son and hid the body and defendants concealed their relationship to the gun their son used in the murder and court held neither §868 of the second restatement of torts nor Papieves v. Lawrence, 263 A.3d 118, allowed recovery where a murder victim was missing and defendants allegedly acted as accessories after the fact in some manner, regardless of whether defendants knew

  • Aita v. NCB Mgmt. Serv., Inc.

    Publication Date: 2023-05-29
    Practice Area: Wage and Hour Litigation
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 510 EDA 2022

    Plaintiff and defendant cross-appealed trial court's order denying defendant's motion for summary judgment and granting plaintiff's cross-motion for summary judgment. The court affirmed.