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  • In the Interest of H.K.

    Publication Date: 2017-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1611

    Trial court erred in granting parents request for de novo hearing in dependency petition after orphans court had accepted masters report, when parent failed to object to hearing before master and had not shown cause for rehearing, and thus had no right to rehearing before trial judge. Order of the trial court reversed.

  • Commonwealth v. Wilson

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1612

    Motion to suppress statements properly denied where, although defendant was initially illegally detained on an inactive warrant, any taint from the illegal arrest was attenuated where defendant voluntarily waived Miranda rights to make statements in response to co-defendants incriminating statements and evidence obtained from a search warrant thereunder. Judgment of sentence affirmed.

  • K.M.G. v. H.M.W.

    Publication Date: 2017-10-24
    Practice Area: Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1593

    Trial court erred in finding parent in contempt for failure to encourage childs visitation with other parent, where prior orders did not include requirement for parent to encourage the child, and where record demonstrated that parent followed directives of resource center in terminating visits. Order of the trial court reversed and vacated.

  • Krishnan v. The Cutler Group, Inc

    Publication Date: 2017-10-24
    Practice Area: Business Torts | Civil Appeals | Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Presiding Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1599

    Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.

  • In Re: J.D.H

    Publication Date: 2017-10-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1596

    Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Pennsylvania Commercial Litigation, Tenth Edition

    Authors: Harry F. Kunselman

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  • In Re: Estate of Easterday, deceased

    Publication Date: 2017-10-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1594

    Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.

  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Horn

    Publication Date: 2017-10-24
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1590

    The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.

  • Breslin v. Mountain View Nursing Home, Inc.

    Publication Date: 2017-10-17
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1552

    Plaintiffs amended complaint sufficiently pled a claim of corporate negligence against the defendant nursing home where the five factors set forth Althaus v. Cohen, as applied here.

  • Commonwealth v. Powell

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1558

    Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.