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  • Tuscarora Wayne Ins. Co. v. Hebron, Inc.

    Publication Date: 2018-10-16
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1241

    Trial court erred in granting summary judgment in favor of appellee and denying summary judgment in favor of appellant in appellee's declaratory judgment action seeking a declaration that it was not required to defend or indemnify appellant under its insurance policy for a fire sparked while appellant's employee was refueling a vehicle because trial court erred in finding that refueling the truck was incidental to the vehicle dismantling business, which was excluded from the policy, since the only connection between the refueling proc

  • In the Interest of: J.N.W., a minor

    Publication Date: 2018-10-16
    Practice Area: Civil Rights | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1236

    Suppression of statement affirmed where juvenile made her statements in settings that constituted custodial interrogations and where police failed to give Miranda warnings and juvenile never gave a voluntary waiver of such rights. Order of the trial court affirmed.

  • Commonwealth v. Kemp

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1071

    The trial court did not err in denying defendant's motion to suppress evidence seized from his residence where the drug transactions at issue did not take place in or near his residence, as the facts connected the illegal transactions to defendant's residence in a common-sense way and permitted the issuing authority to conclude that drugs would likely be found there. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Spanier

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0803

    Commonwealth not required to advise defendant of statutory exception to EWOC offense permitting conviction by victim's 50th birthday, which rendered defendant's prosecution timely. Judgment of sentence affirmed.

  • Hvizdak v. Linn

    Publication Date: 2018-07-10
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0810

    Trial court properly dismissed husband's complaint seeking to recuse the entire Butler County bench and asserting RICO, abuse of process and wrongful use of civil proceedings against wife and her attorneys. Affirmed.

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  • Hammons v. Ethicon, Inc.

    Publication Date: 2018-07-10
    Practice Area: Products Liability
    Industry: Biotechnology
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0769

    Judgment in medical device products liability case affirmed where plaintiff presented expert testimony opining that device's defective design caused her to have post-surgical complications and that manufacturer failed to warn physicians of the high risks of complications. Judgment affirmed.

  • Commonwealth v. Bond

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0782

    The trial court erred in admitting a video interview of the minor victim as a prior consistent statement under Pa.R.Evid. 613(c) because this case did not involve any statement that predated the victim's alleged motive to fabricate; however, the admission was harmless error given the cumulative nature of the evidence. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Bowers

    Publication Date: 2018-05-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0417

    In this case of first impression, the appellate court held that while an underlying criminal action remains pending, an appeal from an order deciding a commonwealth forfeiture petition is interlocutory and unappealable if the forfeiture petition relates in any way to the criminal prosecution. The appellate court squashed defendants appeal.

  • Commonwealth v. Null

    Publication Date: 2018-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0504

    Trial court lacked authority to order mediation of CCA violation fine, and thus lacked authority to impose contempt convictions for failure to attend mediation or paying mediated fine. Judgments of sentence vacated, case remanded.

  • Berg v. Nationwide Mutual Ins. Co., Inc.

    Publication Date: 2018-04-24
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0461

    The trial court erred in awarding the defendant insurer to pay plaintiffs $18 million in punitive damages on their bad faith claim and $3 million in attorney fees as the trial courts critical findings were not supported by the record. The court vacated the trial courts judgment.