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  • Commonwealth v. Smith

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1019 WDA 2023

    Presence of drugs and paraphernalia in bedroom shared by defendant was sufficient evidence to infer constructive possession. Order of the trial court affirmed in part, reversed in part, and remanded.

  • Vivian v. Blank, Rome, LLP

    Publication Date: 2024-06-28
    Practice Area: Litigation
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1406 EDA 2023

    The court affirmed the trial court's order granting defendants' motion for summary judgment and dismissing plaintiff's claims of defamation, false light invasion of privacy, and abuse of process.

  • G.K. v. LaBella

    Publication Date: 2024-06-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 367 WDA 2023

    Petition to strike a discontinuance of an action constituted a new matter that divested the appellate court of jurisdiction due to the pendency of the action before the trial court. Appeal quashed.

  • Commonwealth v. Cross

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 926 WDA 2023

    Court quashed appeal from judgment of sentence on four severed counts, where appellant had other counts pending and severance did not create a separate proceeding in criminal cases. Appeal quashed.

  • Viall v. Garvin

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 869 MDA 2023

    Appellant's action in ejectment failed where appellant failed to establish a consentable boundary line. Judgment affirmed.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • In re: Estate of Anderson

    Publication Date: 2024-06-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2771 EDA 2022

    Appellant appealed from the orphans' court's order removing him as administrator of his deceased mother's estate and appointing a replacement administratrix. The court affirmed, holding that the orphans' court had subject matter jurisdiction where appellant failed to establish that his absent siblings were indispensable parties to the proceedings, as they had previously renounced their right to administer decedent's estate and appellant identified no other right or interest that required their joinder.

  • Commonwealth v. Coles

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2023

    Police did not require reasonable suspicion or probable cause to search backpack voluntarily discarded by defendant after she fled into a residence that she did not have permission to enter. Order of the trial court reversed, case remanded.

  • Commonwealth v. Corbin

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1393 WDA 2023

    Court properly denied appellant's request for a refund of unremitted restitution owed to appellant's mother, as doing so would run contrary to the rehabilitative purposes of restitution and run afoul of equitable principles and public policy. Order of the trial court affirmed.

  • Commonwealth v. Adams

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2229 EDA 2022

    Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.

  • Azaravich v. Wilkes-Barre Hosp. Co., LLC

    Publication Date: 2024-06-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 44 MDA 2023

    Appellant appealed the trial court's order granting summary judgment in favor of defendant healthcare providers. The court reversed and remanded for further proceedings, holding that when the record was viewed in appellant's favor as the non-movant, genuine issues of material fact existed as to whether appellees committed gross negligence in evaluating and releasing appellant's deceased brother, who killed himself shortly after expressing suicidal thoughts and seeking mental health treatment.