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Court found that forum selection clause in agreement between photo stock agency and publisher did not apply to photographer who sued publisher for copyright infringement and court transferred venue to the district of New Jersey because plaintiff photographer was located in New Jersey and the Jumara factors weighed in favor of transfer. Motion to transfer granted.
Respondent was suspended for one year for filing an action that had no basis in law and in which he was not acting on behalf of a specific client when he filed a petition for appointment of plenary guardian for someone who had been committed to a state hospital and was incapacitated and falsely alleged that a social worker at the hospital was the petitioner and that he was the attorney for the petitioner but there was no social worker by that name and no one from the hospital authorized respondent to file the petition and respondent a
The court denied a criminal defendants motion to suppress the results of a blood test, because defendants consent was voluntary even though the form he signed had the criminal penalties blacked out.
Owner of property subject to a de facto taking not entitled to the greatest sum of delay compensation possible, where the Eminent Domain Code required the property owner to be compensated for the just value of the taken property as close as practical to the date of taking. Order of the trial court affirmed.
Defendants petition for post-conviction relief was not timely, and he was not entitled to retroactive relief based on subsequent case law because defendant had not preserved the issue through direct appeal.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Moulton Attorneys:For plaintiff: for defendant: Case Number: 17-1706
Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ransom Attorneys:For plaintiff: for defendant: Case Number: 17-1707
Trial court did not have discretion to entertain defendants assertion of involuntariness in failure to appear at de novo appeal from conviction in Philadelphia Municipal Court, and did not abuse discretion in affirming judgment of sentence. Judgment of sentence affirmed.
A criminal defendant claimed she had ineffective assistance of counsel and that her guilty plea was not made voluntarily, intelligently or knowingly. The court held that defendants claim merited a hearing to determine whether there was a sufficient factual basis to establish her guilt and whether counsel was ineffective.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 17-1703
Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.
Court declined to decide the issue of invalidity based on indefiniteness at the claim construction stage, determined that the hub was part of the overall claimed design and construed the patent. Claim construed.