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  • Commonwealth v. Radecki

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0254

    Excessive sentence challenge predicated on imposition of consecutive sentences in aggravated range upon defendant of advanced age did not constitute a substantial question permitting review of discretionary aspects of sentence.

  • Braun v. Herbert et al

    Publication Date: 2018-03-13
    Practice Area: Securities Litigation | Technology Media and Telecom
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0248

    The trial court did not err in finding that the business judgment rule protected the defendant companys decision to reject plaintiffs litigation demand given her failure to allege with particularity the wrongdoing at issue.

  • Wells Fargo Bank, N.A. v. Joseph

    Publication Date: 2018-02-27
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0207

    Trial court properly granted summary judgment to bank in foreclosure action and properly denied appellants motion to amend because, contrary to appellants assertion, the Nanty-Glo rule did not apply, the bank owned the loan and mortgage and had standing since the home mortgage company was a division of the bank and not a separate legal entity and the affirmative defenses appellant sought to add failed as a matter of law. Affirmed.

  • Commonwealth v. Tyrrell

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0108

    Minor sexual abuse victim properly permitted to testify via CCTV where trial court heard testimony from treating psychotherapist that victim suffered from depression and PTSD, feared facing her abuser in court, and accordingly would be negatively impacted in her ability to testify by defendants presence. Judgment of sentence affirmed.

  • Commonwealth v. Torres

    Publication Date: 2018-01-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0063

    Trial court erred in failing to suppress evidence seized pursuant to a search warrant of a home, where the supporting affidavit failed to provide probable cause to believe that connecting evidence would be found at the home as the defendant and the instrument of crime were seized at the scene. Judgment of sentence vacated, remanded for new trial.

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  • Commonwealth v. Shaffer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0017

    Where the defendant freely granted a computer technician access to his computer, he knowingly exposed the contents of his computer to the public and, thus, lost any reasonable expectation of privacy in those contents. The appellate court affirmed defendants judgment of sentence.

  • Menkowitz v. Peerless Publn, Inc.

    Publication Date: 2018-01-16
    Practice Area: Damages | Personal Injury
    Industry: Health Care | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0018

    Newspaper entitled to JNOV in defamation claim where allegedly libelous statement was factually true, and where there was no evidence to support a claim for defamation by innuendo. Judgment reversed.

  • Wells Fargo Bank, N.A. v. Premier Hotels Group, LLC

    Publication Date: 2018-01-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0025

    Trial court erred in granting summary judgment in favor of appellee bank in dispute over mortgage foreclosure and note because the only support in the record for finding events of default was in appellees assistant vice presidents affidavit and the trial courts apparent reliance on that affidavit was a violation of the Nanty-Glo rule. Reversed.

  • Bouchon v. Citizen Care, Inc. et al

    Publication Date: 2018-01-02
    Practice Area: Health Care Law | Wrongful Death
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1883

    The trial court erred in granting defendants request for a demurrer based on immunity under the Mental Health and Mental Retardation Act where plaintiffs complaint made sufficient factual allegations of gross negligence, rendering the grant of an immunity demurrer improper. The appellate court reversed in part and remanded.

  • E.S. Mgmt. v. Gao

    Publication Date: 2017-12-05
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1766

    Landlords collection of security of more than two months rent was a LTA violation that constituted a UTPCPL violation. Judgment affirmed in part and reversed in part.