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Publication Date: 2019-06-24
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0721
Trial court did not abuse discretion in finding no conflict between child's best interests and legal interests in involuntary termination of parental rights proceeding where advocate ascertained child's preferred outcome of proceeding to the extent possible, given child's immaturity and inability to understand concepts such as adoption. Order of the trial court affirmed.
Publication Date: 2019-06-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0674
Where the record established that defendant gave money to other persons to make straw purchases of firearms using proceeds from his illegal sale of firearms, the evidence was sufficient to sustain his conviction for dealing in proceeds of unlawful activities in violation of 18 Pa.C.S. §5111 as it satisfied the "unlawful activity" element of the offense. The appellate court affirmed.
Publication Date: 2019-06-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 19-0673
The trial court did not err in denying husband's petition to modify his obligation to pay wife alimony pendente lite since wife's distributions from an IRA she inherited from her late father did not constitute "income in respect of a decedent" under §4302 of the Domestic Relations Code. The appellate court affirmed.
Publication Date: 2019-06-03
Practice Area: Transportation
Industry: Federal Government | Real Estate | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0657
Trial court properly dismissed appellant's declaratory judgment action against appellee rail road seeking relief related to its right-of-way because under the interstate commerce commission termination act, the surface transportation board had exclusive jurisdiction over the issues. Affirmed.
Publication Date: 2019-05-06
Practice Area: Health Care Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 19-0527
Trial court erred in denying commonwealth's request to inspect rehabilitation clinic's records as to clinic's distribution of methadone to defendant because enforcing the controlled substance, drug, device and cosmetic act would not reveal any potentially incriminating information in the substance of any of defendant's patient records as prohibited by the Pennsylvania drug and alcohol abuse act. Reversed in part.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2019-04-29
Practice Area: Civil Procedure | Products Liability
Industry: Health Care | Manufacturing
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0480
The trial court did not err in denying defendant's request for a directed verdict in this product liability suit based on the statute of limitations where the evidence supported the conclusion that plaintiff reasonably believed her pain was a risk of the surgery and, thus, the court submitted the issue to the jury. The appellate court affirmed the judgment for plaintiff.
Publication Date: 2019-04-22
Practice Area: Civil Procedure
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0447
The trial court lacked jurisdiction to enter judgment against appellants in this action to quiet title where appellants, who purchased the property in dispute at a sheriff's sale, were not named as defendants in the complaint or personally served with the complaint. The appellate court vacated and remanded.
Publication Date: 2019-03-11
Practice Area: Deals and Transactions | Real Estate
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 19-0237
Trial court properly found that appellee breached a property sale agreement with appellants but erred in declining to award the purchase price as damages because a claim for specific performance was a demand for the purchase price. Reversed and remanded.
Publication Date: 2019-03-04
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0237
Trial court could entertain real estate seller's action for specific performance of a sales agreement since specific performance would merely be an action for damages in the amount of the purchase price. Judgment affirmed in part and reversed in part, case remanded.
Publication Date: 2019-02-26
Practice Area: Criminal Law | Motor Vehicle Torts
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0201
Coin-operated laundromat was not "attended" for purposes of the damage to attended vehicle or property criminal statute where no owner, employee, or agent of the laundromat was present at the time of the accident to watch over or guard the premises. Judgment of sentence vacated.
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