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  • Commonwealth v. Sears

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2849 EDA 2022

    Municipal court erred in suppressing breathalyzer results as fruit of an illegal arrest where the court failed to consider totality of circumstances which supported a finding of probable cause. Order of the municipal court vacated, case remanded.

  • Major v. Cruz

    Publication Date: 2024-03-01
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18 EDA 2023

    Trial court properly granted summary judgment in favor of insurer in appellant's action for UIM coverage and court found appellant's car policy's household exclusion was valid and enforceable, UIM coverage in her mother's car's policy, which she was driving at the time of the accident, was the only UIM coverage applicable and the coordination of benefits clause had no effect. Affirmed.

  • Commonwealth v. Moore

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2510 EDA 2022

    Trial court should have denied suppression motion where totality of circumstances, including the fact that the subject vehicle was registered to someone whom defendant failed to explain his connection to, indicated that defendant lacked a privacy interest in the vehicle and thus defendant failed to bear his burden to prove that he had a reasonable expectation of privacy. Order of the trial court vacated, case remanded.

  • Commonwealth v. Umoh

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1464 WDA 2022

    Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • James v. Wal-Mart Distrib. Ctr.

    Publication Date: 2024-02-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale | Retail
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 856 EDA 2023

    Trial court reversed order transferring venue where defendants failed to identify proposed witnesses and link their evidence to the potential defense in support of their claim of hardship. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Baker

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 300 WDA 2023

    Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.

  • Commonwealth v. Schifano

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 264 WDA 2023

    Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.

  • Kish v. Kish

    Publication Date: 2024-02-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 636 MDA 2023

    Trial court did not abuse its discretion in concluding that the doctrine of paternity by estoppel did not apply and in ordering genetic testing to determine child's paternity because child had a relationship with appellee and his family throughout his life to which appellant, through his action and inaction, acquiesced. Affirmed.

  • Mazzuca v. Abreu

    Publication Date: 2024-02-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1264 EDA 2023

    Trial court erred in determining there were no contested issues of fact regarding venue and remand was required for evidence as to whether venue was proper in Philadelphia based on appellant's claim that she served appellee Abreu at her "office or usual place of business" pursuant to Pa.R.C.P. 402(a)(2)(iii). Vacated and remanded.

  • Commonwealth v. Peralta

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 291 MDA 2023

    Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.