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Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 1672 MDA 2021
Breathalyzer test results did not require uncertainty values or confidence intervals to be submitted with test results to render the results scientifically reliant or legally admissible where use of a breathalyzer was a generally accepted means of calculating blood alcohol content in the scientific community, thereby meeting the Frye standard. Judgment of conviction affirmed.
Publication Date: 2023-08-28
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Murray
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for defendant:
Case Number: 1110 WDA 2022
Subsequently named insured on auto policy was presumed to have constructive knowledge of prior first named insured's execution of UM stacking waiver, which bound the subsequently named insured if they took no steps to alter their coverage. Judgment of the trial court vacated, case remanded.
Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
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Case Number: 1278 WDA 2022
Parole officer had reasonable suspicion for warrantless search of parolee's home after parolee failed a drug test and visited known drug crime areas, combined with reports from neighbors consistent with drug distribution activity. Judgment of sentence affirmed.
Publication Date: 2023-08-28
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bender
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Case Number: 1429 EDA 2020
In case disputing the validity of modification agreements to an inter vivos trust, orphans' court properly denied appellants' motion for judgment on the pleadings on the grounds of disputed issues of material fact and court vacated its denial of appellants' petition for declaratory judgment as premature, vacated its decision that estate was not a proper participant to the proceedings and remanded for discovery on the issue of a confidential relationship. Affirmed in part, vacated in part and remanded.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
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Case Number: 2088 EDA 2021
Appellants' third appeal argued trial court erred in denying appellants' motion to mark the judgments satisfied in both the mortgage foreclosure and breach of contract cases pursuant to 42 Pa.C.S.A. §8013 and court sua sponte found trial court lacked jurisdiction to consider appellants' §8103(d) petitions because trial court was without jurisdiction to proceed further with respect to claims while an appeal was pending. Vacated.
Law Journal Press | Digital Book
Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE
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Publication Date: 2023-08-21
Practice Area: Corporate Entities
Industry: E-Commerce | Education
Court: Superior Court
Judge: Judge Nichols
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Case Number: 266 WDA 2022
Although defendants lacked authority under LLC operating agreement to execute written consent amending the agreement, the trial court prematurely ordered LLC's dissolution where members had yet to engage in binding mediation as required by the operating agreement. Judgment of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
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Case Number: 701 WDA 2021
Appellant appealed his convictions for dissemination of child pornography and related crimes. The court vacated appellant's convictions and remanded for a new trial where the trial court erred in denying appellant's motion to suppress evidence obtained from a search of his home in violation of the knock and announce rule.
Publication Date: 2023-08-21
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 1606 MDA 2022
Trial court abused discretion in denying relocation petition by focusing solely on father's relationship with children and making no findings concerning primary custodial mother's relationship and ignoring substantial benefits mother would have from relocation that would flow to the children. Order of the trial court vacated, case remanded.
Publication Date: 2023-08-21
Practice Area: Corporate Governance
Industry: Advertising | Energy | Software
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
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Case Number: 999 MDA 2022
Court could not compel foreign corporation no longer doing business in the state to produce corporate books and records not physically located in the state, even though electronically stored records might theoretically be accessible from the state. Order of the trial court affirmed.
Publication Date: 2023-08-21
Practice Area: Business Torts
Industry: Legal Services | Real Estate | Retail
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
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Case Number: 2030 EDA 2022
Although litigants and their counsel waived attorney-client privilege and attorney work product protection by asserting reliance on counsel and good faith advice, that waiver did not extent to communications in the present litigation or work product generated by other attorneys.
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