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  • Tri-State Auto Auction, Inc. v. Gleba, Inc.

    Publication Date: 2021-06-07
    Practice Area: Landlord Tenant Law
    Industry: Real Estate | Retail
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0634

    Lessee appealed the judgment for lessor in a declaratory judgment action filed by lessor in a dispute over a non-residential lease and court found no abuse of discretion or error of law. Affirmed.

  • B.S.G. v. D.M.C.

    Publication Date: 2021-06-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0636

    Granting both parents the ability to make ultimate decisions for specific issues on which the parties had reached impasse did not undermine the shared legal custody arrangement. Order of the trial court affirmed.

  • Commonwealth v. Rojas-Rolon

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0599

    Evidence was sufficient to support delivery or possession with the intent to deliver a controlled substance conviction where totality of circumstances pointed to defendant as the individual who had transferred drugs to a confidential informant during a controlled buy. Judgment of sentence affirmed.

  • Austin v. Thyssenkrupp Elevator Corp.

    Publication Date: 2021-05-31
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0589

    A "fund" existed for purposes of establishing the factors necessary to recognize an attorney's charging lien where there was an award or settlement amount resolving the underlying personal injury suit, even though that settlement amount had not yet been paid out; thus, the trial court erred in denying counsel's motion for the imposition of an attorney's charging lien. The appellate court reversed.

  • Mercer v. Newell

    Publication Date: 2021-05-24
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0586

    The trial court erred in finding that plaintiffs' claims were barred by the Workers' Compensation Act where the pleading averred a cause of action for fraudulent misrepresentation which allegedly caused further lead exposure and the aggravation of a previous, work-related lead accumulation. The superior court reversed and remanded.

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    Authors: Janet K. Colaneri

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  • Commonwealth v. McFalls

    Publication Date: 2021-05-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0571

    Trial court properly exercised discretion to deny criminal defendant's discovery requests and subpoenas where the requests were overly broad and clearly designed as a fishing expedition to find any materials that could be used to impeach the credibility of police officer witnesses. Judgment of sentence affirmed.

  • Commonwealth v. Delmonico

    Publication Date: 2021-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0556

    Weight of evidence supported the jury's verdict where jury was free to assign credibility and weight to testimony of witness who accompanied confidential informant during controlled buys. Judgment of sentence affirmed.

  • Lyndes v. Penn Cent. Corp.

    Publication Date: 2021-05-17
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0558

    Appellees moved for a forum non conveniens dismissal of appellant's Federal Employers' Liability Act action asserting appellees negligently failed to provide him with reasonably safe workplace and court agreed with trial court that appellees met their burden of demonstrating "weighty reasons" for dismissal. Affirmed.

  • Rahn v. Consol. Rail Corp.

    Publication Date: 2021-05-17
    Practice Area: Civil Procedure
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0542

    The trail court did not abuse its discretion in finding enough weighty reasons to overcome plaintiff's choice of forum and, therefore, dismissing his complaint where the court properly weighed the private and public factors using the correct evidentiary burden. The appellate court affirmed an order dismissing plaintiff's complaint.

  • PCS Chadaga v. Torres

    Publication Date: 2021-05-17
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0554

    Tenant was not entitled to relief from eviction pursuant to moratorium instituted by executive order where the order only applied to evictions based exclusively on nonpayment and landlord had sought eviction based on tenant's breach of other provisions of the lease. Order of the trial court affirmed.