• Russo v. Polidoro

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1913

    Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.

  • Commonwealth v. Torres

    Publication Date: 2018-01-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1903

    Suppression of warrantless blood draw results properly granted where drivers consent was obtained after being given warning of enhanced criminal penalties in event of refusal to consent. Order of the trial court affirmed.

  • Commonwealth v. Tejada

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1902

    Trial courts removal of pro se defendant and conducting of a trial in absentia constituted non-frivolous appellate issue due to the denial of any representation of defendants interests at trial. Counsels motion to withdraw denied.

  • Commonwealth v. Williams

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1904

    Evidence that defendant fired a gun at a vital organ of the victim was sufficient evidence for the jury to infer defendants intent to kill and malice for first-degree murder and aggravated assault convictions. Judgment of sentence affirmed.

  • In re Estate of Caruso

    Publication Date: 2018-01-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1909

    Trial court erred in relying on the dead mans act to grant summary judgment in favor of executrix in appellants action seeking specific performance of a partnership agreement and a declaration that a purported merger of the partnership into a LLC was null and void because appellant produced sufficient evidence in the form of documents to raise a genuine issue of material fact as to whether the partnership continued and the validity of the merger did not hinge on appellants ability to testify. Reversed.

  • Law Journal Press | Digital Book

    Negotiated Acquisitions of Companies, Subsidiaries and Divisions

    Authors: Lou R. Kling, Eileen T. Nugent, Brandon A. Van Dyke

    View this Book

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  • Golab v. Knuth

    Publication Date: 2018-01-09
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1908

    Trial court properly terminated appellants case for lack of activity under rule 1901 even though there was no local rule implementing rule 1901 at the time because the lack of a local rule did not render the court powerless, the court complied with the minimum standards for notice set out in rule 1901(c) and the trial court was not required to hold an evidentiary hearing as to appellants reasons for her delay. Affirmed.

  • Commonwealth v. Davis

    Publication Date: 2018-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1887

    Commonwealth could compel defendant to provide password to defendants encrypted computer under foregone conclusion exception to right against self-incrimination, as the computers encrypted status established the existence of the password, and defendants ownership and sole use of the computer meant that he was in possession of an authentic password. Order of the trial court affirmed.

  • In Re G.J.K. &Sons, LLC

    Publication Date: 2018-01-02
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1891

    Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.

  • Bouchon v. Citizen Care, Inc. et al

    Publication Date: 2018-01-02
    Practice Area: Health Care Law | Wrongful Death
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1883

    The trial court erred in granting defendants request for a demurrer based on immunity under the Mental Health and Mental Retardation Act where plaintiffs complaint made sufficient factual allegations of gross negligence, rendering the grant of an immunity demurrer improper. The appellate court reversed in part and remanded.

  • Retina Assoc. of Greater Philadelphia, Ltd. v. Retinovitreous Assoc., Ltd.

    Publication Date: 2018-01-02
    Practice Area: Corporate Entities
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1892

    Trial court erred in sustaining appellees preliminary objections in appellants action asserting breach of fiduciary and other duties in sale of LLC assets by majority members of LLC to other entity of which they were members because §8943(b)(2) of the LLC law gave the courts the flexibility to analogize to corporate and partnership law to bar a member from engaging in oppressive conduct. Reversed.