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  • Commonwealth v. Raglin

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0138

    Suppression motion properly denied where defendant was observed in high-crime area immediately after report of gunshots, and thereafter immediately attempted to evade police, providing reasonable suspicion to engage in a stop and investigative detention. Judgment of sentence affirmed.

  • Commonwealth v. Wright

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0139

    Commonwealth excused from due diligence in bringing defendant to trial under Rule 600 where defendant had notice to appear and willfully failed to appear, and was not otherwise apprehended on the same charges. Order of the trial court reversed, case remanded.

  • Gur v. Nadav

    Publication Date: 2018-02-13
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0142

    Debtor not entitled to strike or open confessed judgment where debtor failed to allege or provide evidence that lender was engaged in organized criminal or racketeering activity in charging debtor an annual interest rate exceeding the limit set in the RICO statute, but remand necessary to determine availability of offset for merchandise seized by lender. Order of the trial court affirmed, case remanded for rehearing.

  • Commonwealth v. Davison

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0132

    The evidence was sufficient to support defendants robbery conviction where he injured the victim while both punching her in the head and taking her purse, as the commonwealth was not required to elicit from the victim testimony regarding her precise level of pain. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. McClellan

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0134

    The DNA evidence produced at trial strongly implicated defendant as a possessor of a gun found in the basement of his approved residence and the fact that other family members may have also handled the gun did not preclude defendants constructive possession. The court affirmed defendants judgment of sentence.

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  • In the Interest of: J.P., a minor

    Publication Date: 2018-02-13
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0137

    Foster parent lacked standing to intervene in dependency hearing, after being decertified as a foster parent and failing to take any steps toward adoption, but was merely entitled to notice of hearing and an opportunity to be heard. Order of the trial court affirmed.

  • Stange v. Janssen Pharm., Inc.

    Publication Date: 2018-02-06
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Elliot
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0117

    Defendant drug companies were not entitled to JNOV in plaintiffs failure to warn action because plaintiffs expert used a generally accepted scientific process to conclude that defendants drug caused plaintiffs gynecomastia, the trial court properly instructed the jury on combined negligence and properly refused to instruct the jury on plaintiffs future damages claim and the evidence fully supported the jurys decision but the coordinating judge erred in granting a global motion barring punitive damages claims. Affirmed in part, r

  • Commonwealth v. Tyrrell

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0108

    Minor sexual abuse victim properly permitted to testify via CCTV where trial court heard testimony from treating psychotherapist that victim suffered from depression and PTSD, feared facing her abuser in court, and accordingly would be negatively impacted in her ability to testify by defendants presence. Judgment of sentence affirmed.

  • In re: Adoption of J.N.M.

    Publication Date: 2018-02-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0101

    The trial court did not err in terminating mothers parental rights where mother and her two children had an undisputed bond, but the record supported the conclusion that the bond was unhealthy given mothers mental health problems, continued drug use and ongoing criminal problems. The appellate court affirmed an order terminating mothers parental rights.

  • Rutyna v. Schweers

    Publication Date: 2018-01-30
    Practice Area: Expert Witnesses | Legal Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0036

    Trial court abused its discretion in denying appellants request for a continuance after appellants found out that their expert witness was unable to testify less than three weeks before trial and they were unable to secure a competent witness who would have sufficient time to prepare his testimony for trial because the trial court thus determined the outcome of appellants case. Reversed.