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Publication Date: 2018-09-11
Practice Area: Evidence | Toxic Torts
Industry: Chemicals and Materials | Manufacturing
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1037
Plaintiff failed to provide any evidence that decedent was exposed to asbestos in products manufactured by defendants. Because the jury would have to rely on speculation to find in favor of plaintiff, the court granted defendants' motion for summary judgment.
Publication Date: 2018-09-11
Practice Area: Evidence | Occupational Safety and Health | Products Liability
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1082
Defendant made a motion in limine to preclude plaintiff's expert in plaintiff's action asserting a design defect in a ladder caused him to fall and the court found that expert's "simulated use test", though simplistic in nature, was sufficiently reliable to justify admission at trial because the issue was relatively well-defined, the testing process would be readily comprehensible to a jury and issues such as the number of tests performed and the technician's arm movements while performing the tests could be adequately explored during
Publication Date: 2018-09-11
Practice Area: Criminal Law | Evidence | Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1076
Motion to suppress evidence seized from vehicle glove compartment denied where police were statutorily authorized to seize vehicle and conduct inventory search for ownership documents after discovering mismatched license plate and VINs. Dispositional order affirmed.
Publication Date: 2018-09-04
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1049
Evidence seized pursuant to search warrant suppressed when the warrant was obtained from information provided by confidential informant based on his alleged personal observations, where the CI's previous information had only led to one felony arrest and police failed to independently corroborate the CI's information. Judgment of sentence reversed.
Publication Date: 2018-08-28
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1003
Defendant was entitled to the suppression of five blood draws taken from him during a two-month period as well as the toxicology results establishing his impaired driving where his consent to the blood draws was given under the implied intimidation or duress of more severe penalties if he refused consent. The court granted defendant's motions to suppress evidence.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2018-08-21
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0969
The trial court did not err in admitting evidence of defendant's time in prison with a key commonwealth witness, as this challenged evidence was relevant for the limited purposes of explaining the witness's recantation of his prior testimony and revealing defendant's consciousness of guilt. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-08-07
Practice Area: Evidence | Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0912
The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.
Publication Date: 2018-07-31
Practice Area: Evidence | Personal Injury
Industry:
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0868
Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.
Publication Date: 2018-07-17
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Ransom
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0823
The trial court properly found that defendant was subjected to an investigative detention and that his actions in speaking to a woman on a street in a high crime area with his hand in his pocket did not provide the required reasonable suspicion to support such a detention. The appellate court affirmed the trial court's suppression order.
Publication Date: 2018-07-03
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0791
Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.
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