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  • Commonwealth v. Rice

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1036 EDA 2022

    Mere encounter did not escalate to investigative detention after request to "come here," where police made no show of force or otherwise blocked suspect from leaving the area and thus suspect voluntarily abandoned his firearm. Order of the trial court reversed, case remanded.

  • PG Publ'g Co., Inc. v. Pittsburgh Typographical Union #7

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1300 WDA 2022

    Evidence that picketers briefly blocked employer's delivery vans from leaving contractor's facility and damaged them as they left was sufficient to find that they "seized" employer's property, creating an exception to the prohibition on injunctive relief in labor actions. Order of the trial court affirmed in part and reversed and remanded in part.

  • Commonwealth v. Powanda

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 559 MDA 2023

    Evidence was sufficient to support conviction for defiant trespass where defendant knew he was not permitted to reenter retail store yet did so anyway, barring application of statutory defense to conviction. Judgment of sentence affirmed.

  • Commonwealth v. Dell

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2091 EDA 2022

    Trial court erred in adding conditions to probation without evidence that probationer violated existing conditions. Order of the trial court vacated, case remanded.

  • Jacks Auto Parts Sales, Inc. v. MJ Auto Body & Repair, LLC

    Publication Date: 2023-11-20
    Practice Area: Landlord Tenant Law
    Industry: Automotive | E-Commerce | Retail
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1946 EDA 2022

    Trial court properly declined to open default judgment where movants failed to present evidence showing that the person who accepted service of process at movants' place of business was not an employee or agent authorized to accept service. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • In re Estate of Simpson

    Publication Date: 2023-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1042 WDA 2022

    Trial court erred in imposing sanctions on appellant attorney who filed an "Objection to Account (Fraud)" on behalf of his client, decedent's wife, asserting fraud on wife in inducing her to elect to take under the will and trying to withdraw her election and court found appellant mistakenly presented his argument in the wrong format and/or wrong forum and the record did not show his filing was vexatious. Reversed.

  • Commonwealth v. Hall

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 718 WDA 2022

    Defendant lacked standing to contest search and seizure of items from his vehicle after he abandoned the car following a motor vehicle accident. Judgment of sentence affirmed.

  • Smith v. CMS West, Inc.

    Publication Date: 2023-11-20
    Practice Area: Personal Injury
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1002 EDA 2022

    Trial court properly granted defendants' motion to transfer venue to county where accident occurred on forum non conveniens grounds in appellant's negligence and strict liability action for an industrial accident. Affirmed.

  • Hosler v. Tweedlie

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 MDA 2022

    Trial court erred in applying an implied warranty of habitability where seller lacked the knowledge and expertise to qualify as a builder-vendor. Judgment of the trial court affirmed in part and vacated and remanded in part.

  • Commonwealth v. Villaneuva-Pabon

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 756 EDA 2022

    Court affirmed denial of post-sentence motion to bar Sexual Offender Registration and Notification Act registration requirements where trial court sustained commonwealth's objection to defendant's proffer of evidence in support of his constitutional challenge to SORNA, meaning that defendant effectively presented no evidence to support his motion. Judgment of sentence affirmed.