• Erie Ins. Exch. v. Petrie

    Publication Date: 2020-11-30
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1291

    Lack of express language providing for waiver of inter-policy stacking meant that waiver executed by insureds only served to waive intra-policy stacking, and insurer could not deny underinsured motorist coverage after insureds secured UIM coverage from their other insurer. Order of the trial court reversed, case remanded.

  • Commonwealth v. Epps

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1067

    Defendant failed to show that the prosecutor's conduct affected the fairness of his criminal trial; therefore, the trial court properly denied his petition for post-conviction relief based on counsel's alleged ineffectiveness for failing to object to alleged prosecutorial misconduct. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Little

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0967

    Trial counsel was ineffective in failing to object when trial court permitted commonwealth to argue that defense witness serving life sentence who admitted to the charged crime had "nothing to lose" when the admission could result in a death sentence. Order of the trial court reversed.

  • Commonwealth v. Risoldi

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0970

    Insurance fraud conviction and restitution sentence vacated where commonwealth failed to present sufficient evidence to prove that insurance proceeds included amounts for reimbursement of expenses not actually incurred by defendant. Judgment of sentence affirmed in part and vacated in part, case remanded for resentencing.

  • Fulano v. Fanjul Corp.

    Publication Date: 2020-07-27
    Practice Area: Products Liability
    Industry: Agriculture | Chemicals and Materials
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0788

    Court lacked personal jurisdiction over foreign corporations for claims of injuries suffered by plaintiffs, who were employed by several defendants outside the commonwealth, by pesticides manufactured by other defendants outside the commonwealth. Orders of the trial court affirmed.

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  • Wilson v. Snyder Bros., Inc.

    Publication Date: 2020-05-25
    Practice Area: Energy and Natural Resources
    Industry: Mining and Resources
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0533

    Trial court properly found plaintiffs' original leases for oil and natural gas drilling and extraction remained in effect despite the fact drilling did not begin during the primary term because plaintiffs ratified the original leases and their allegations as to alleged non-continuous gas production lacked sufficient specificity. Affirmed.

  • Commonwealth v. Blair

    Publication Date: 2020-04-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0409

    While the trial court retained jurisdiction to correct an obvious error in defendant's sentence, the court erred in failing to give defendant notice of the proposed change and an opportunity to be heard in accordance with 42 Pa.C.S. §5505. The appellate court vacated defendant's judgment of sentence and remanded.

  • In the Interest of M.Y.C.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0348

    Trial court properly found child was dependent because she was without proper parental care or control and mother's due process rights were not denied when trial court held dependency hearing 30 days after child was placed in protective custody. Affirmed.

  • Sardina-Garcia v. Brownsville Marine Prod., LLC

    Publication Date: 2020-03-30
    Practice Area: Employment Litigation
    Industry: Construction | Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0349

    Trial court properly found appellant was a "borrowed servant" under the longshore and harbor workers' compensation act and dismissed his negligence action because defendant had control over appellant's work, appellant was performing solely defendant's work on a daily basis, the employment was over a significant length of time with appellant acquiescing to the working conditions and defendant furnished the place of employment. Affirmed.

  • In re Name Change

    Publication Date: 2020-03-02
    Practice Area: Government
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0240

    Trial court did not abuse its discretion in denying petitioner's name change petition because 54 Pa.C.S. §701(a.1)(4)(ii)(B) required petitioners to show they had no outstanding judgments within five years of filing the petition, and petitioner admitted the 2002 default judgment was against his former business. Affirmed.