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  • Griest v. Griest

    Publication Date: 2018-04-10
    Practice Area: Dispute Resolution | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0422

    Arbitration clause concerning one parcel of property could subject other intertwined properties to arbitration as well, where adjudication of all claims in one forum was preferred to avoid conflicting or duplicative results or awards. Order of the trial court reversed.

  • Commonwealth v. Murphy

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0419

    Commonwealth permitted to cross-examine defendant on admission of guilty and prior convictions where defendant opened the door by denying guilty and asserting evidence of his good character through his present non-use of controlled substances. Judgment of sentence affirmed.

  • Commonwealth v. Diaz

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0415

    Defendant suffered per se prejudice due to trial counsels failure to ascertain that he needed a translator to understand the criminal proceedings and counsels failure to object when the trial court proceeded without a translator. The appellate court affirmed a trial court order granting defendant a new trial.

  • Commonwealth v. Beaudoin

    Publication Date: 2018-04-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0399

    The appellate court was neither compelled nor required to consider the deceased defendants appeal where neither party sought a decision on the appeal, the interests of justice were not implicated and the appeal did not present any novel legal issues of import to society in general. The appellate court dismissed defendants appeal.

  • Consol. Rail. Corp. v. Ace Prop. & Cas. Ins. Co.

    Publication Date: 2018-04-10
    Practice Area: Insurance Law
    Industry: Cargo and Shipping
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0421

    Environmental contamination costs excluded from coverage where insured could not prove it was source of contamination, or whether the contamination occurred outside the term of the relevant policies, or where such costs were in the form of civil penalties. Orders of the trial court affirmed in part and reversed in part.

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    Authors: Jay Dratler, Jr., Professor Stephen M. McJohn

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  • Commonwealth v. Trahey

    Publication Date: 2018-04-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0420

    Delay in responding and investigating motor vehicle accident, lack of manpower to obtain warrant, and natural dissipation of alcohol from bloodstream combined to create exigent circumstances supporting a warrantless blood draw. Order of the trial court reversed, case remanded.

  • Haviland v. Kline & Specter, P.C.

    Publication Date: 2018-04-10
    Practice Area: Attorney Compensation
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0417

    Appeal from denial of petition to disqualify or recuse arbitrator was not a final order or interlocutory order appealable as of right. Appeal quashed.

  • Commonwealth v. Jordan

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0418

    PCRA petitioner correctly dismissed where issues already raised and litigated on direct appeal. Order of the PCRA court affirmed.

  • Commonwealth v. Gorman

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0416

    The evidence was sufficient to support defendants conviction on charges of theft by unlawful taking in violation of 18 Pa.C.S. §3921(a) and related offenses where he spent a funeral honor guards money on personal items such as furniture and country club memberships. The appellate court affirmed a trial court order denying defendant relief.

  • Commonwealth v. Giles

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0384

    The trial court did not err in allowing the commonwealth to admit a video of the victims forensic interview as a prior consistent statement where the victim was subjected to extensive cross-examination to discredit her recollection and the interview was admitted to corroborate her impeached testimony. The appellate court affirmed a trial court order denying defendant relief.