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Publication Date: 2022-12-19
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1100 WDA 2021
Trial court erred in finding plaintiff established a valid claim for COVID-19 related income loss under the business income provisions of the policy because trial court's reading of "direct physical loss of or damage to Covered Property" to cover purely economic losses was strained and unconvincing and trial court erred in finding a triable issue of fact under the civil authority provision of the policy. Reversed.
Publication Date: 2022-11-28
Practice Area: Contractual Disputes
Industry: Biotechnology
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 24 EDA 2021
Appellant appealed the dismissal of his complaint asserting appellee breached a settlement agreement that resolved appellant's wrongful termination claims and court found trial court erred in sustaining appellee's preliminary objections to appellant's breach of settlement agreement and Wage Payment Collection Law counts and properly dismissed appellant's misrepresentation and unjust enrichment counts. Reversed in part and affirmed in part.
Publication Date: 2022-11-14
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 2115 EDA 2021
Sheriff's return of service indicating the non-existence of an address was conclusive on its face to render a petition to strike or open default judgment meritorious as it was apparent that defendant was not afforded notice of the proceedings. Order of the trial court reversed, case remanded.
Publication Date: 2022-10-17
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1348 WDA 2021
Trial court correctly held appellee satisfied all three elements needed to establish an easement by necessity and ordered appellant to remove a fence barring access to a private road. Affirmed.
Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1165 EDA 2021
Court upheld finding of indirect criminal contempt where defendant intentionally posted video on the internet mentioning the existence and nature of a grand jury investigation in violation of the trial court's express instructions not to do so. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-09-19
Practice Area: Contracts
Industry: Construction | Insurance | Manufacturing
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 998 MDA 2020
Arbitration award issued against principal could be enforced against surety where bond required surety to pay "all sums due" and surety had notice of arbitration proceedings but intentionally declined invitation to participate. Judgment of the trial court affirmed in part, reversed in part, vacated in part, and remanded.
Publication Date: 2022-08-29
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 22-0973
Appellant appealed the denial of his motion to suppress evidence from a drug dog alert and the denial of his Pa.R.Crim.P. 600 motion asserting trial court took too long to consider the matter on remand and court found appellant's attempt to obtain relief under rule 600 failed where his case was remanded for a suppression hearing, not a new trial, and appellant's argument as to suppression was waived for failure to raise it below. Affirmed.
Publication Date: 2022-08-08
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0888
Where defendant passed away prior to a requested trial de novo, the trial court erred in dismissing defendant's summary appeal and in not abating the charges where the defendant's death would make holding a trial de novo impossible. Order of the trial court reversed, judgment vacated, charges abated.
Publication Date: 2022-07-18
Practice Area: Labor Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0796
Trial court erred in staying arbitration of certain claims pending resolution of the judicial case, where only judicial claims could be stayed pending arbitration or both sets of claims could proceed simultaneously following severance of the claims, if possible. Order of the trial court affirmed in part and reversed in part, case remanded.
Publication Date: 2022-05-23
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0568
Orphans' court did not err in upholding register of wills' denial of appellant's petition for letters of administration for intestate decedent because appellant was an adverse party to the estate in pending litigation regarding the property. Affirmed.
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