• Fraport Pittsburgh, Inc. v. Allegheny County Airport Auth.

    Publication Date: 2023-05-22
    Practice Area: Government | Landlord Tenant Law
    Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 974 WDA 2022

    Agreement with concessions management company was a commercial lease, not a services agreement, where the agreement expressly defined itself as a lease and granted the company with a leasehold interest it could sublet to operators. Order of the trial court reversed, case remanded.

  • Matteo v. EOS USA, Inc.

    Publication Date: 2023-04-17
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 733 WDA 2022

    Trial court properly sustained defendant's preliminary objections to plaintiff's Fair Debt Collection Practices Act and Pennsylvania Fair Credit Extension Uniformity Act action asserting defendant's debt collection letter was false and misleading because defendant sought voluntary repayment and was not obligated to advise plaintiff about the statute of limitations, phrases in the letter could not reasonably be read to imply a threat of litigation and the FCEUA made the Unfair Trade Practices and Consumer Protection Law applicable for

  • Commonwealth v. Becher

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 155 WDA 2022

    Appellant appealed the trial court's sua sponte grant of a new trial to a criminal defendant. The court reversed the trial court's order and remanded with instructions for reconsideration of defendant's pending motion for new trial as based on an against the weight of the evidence claim.

  • Edwards v. Norfolk S. Ry. Co.

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 826 EDA 2021

    Relation back doctrine could render complaint filed by estate's personal representative timely even though personal representative had not yet been appointed, where personal representative was decedent's spouse and nominated as executor by the decedent's will, such that appointment was reasonably certain. Order of the trial court affirmed.

  • Commonwealth v. Carrera

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 694 MDA 2022

    Defendant's sentencing as a third-strike offender was based on the facts of his prior convictions, which were offenses enumerated in the Three Strikes Law; therefore, the trial court's imposition of an enhanced sentence on his most recent convictions was constitutional. The appellate court affirmed.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Commonwealth v. Muhammad

    Publication Date: 2023-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 84 EDA 2022

    Police were justified in stopping and subsequently searching only vehicle matching description in 911 call, after driver of the vehicle engaged in suspicious, furtive movements indicative of efforts to conceal something in the vehicle. Judgment of sentence affirmed.

  • Commonwealth v. Haahs

    Publication Date: 2023-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2358 EDA 2021

    A person's lips and inside of their mouth were "intimate parts" for purpose of the indecent assault statute as touching those areas, outside of medical/dental care, was typically done only by an intimate or sexual partner. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2022-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1256 WDA 2021

    Defendant was improperly convicted and consecutively sentenced on multiple counts of arsonendangering persons arising from a single fire, where the unit of prosecution the arson statute intended to outlaw was intentionally setting a fire rather than putting a person in danger. Judgment of sentence vacated in part, case remanded for resentencing.

  • Venema v. Moser Builders, Inc.

    Publication Date: 2022-10-24
    Practice Area: Real Estate
    Industry: Construction
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2370 EDA 2021

    Trial court properly found appellant homeowners' claims against home builder were time barred by the statute of repose where the certificate of occupancy for the house issued in 2003 and appellants filed their complaint more than 12 years later. Affirmed.

  • Commonwealth v. Sulpizio

    Publication Date: 2022-09-05
    Practice Area: Criminal Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0996

    Prohibition from entering clinic right of way as condition of probation following criminal mischief conviction was narrowly tailored to governmental interests of deterring future criminal conduct and protecting the public and did not unreasonably infringe upon defendant's rights to engage in advocacy. Judgment of sentence affirmed.