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Publication Date: 2023-08-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1302 WDA 2022
Defendant appealed his conviction of DUI-controlled substance and court agreed with trial court, found Commonwealth v. Watts, 283 A.3d 1252, was controlling, it was illegal to drive with any amount of marijuana, medical or otherwise, in a driver's system and found there was no evidence of entrapment and commonwealth sufficiently showed appellant drove. Affirmed.
Publication Date: 2023-08-14
Practice Area: Consumer Protection
Industry: Consumer Products | Manufacturing
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 226 EDA 2023
Trial court erred in dismissing plaintiff's putative class action under the Pennsylvania Uniform Trade Practices and Consumer Protection Law based on plaintiff's failure to plead "any false or deceptive statements" because lack of such statement did not defeat a claim for relief under the CPL-catch-all provision but plaintiff's action based on deception by omission failed because he failed to plead and prove a duty to disclose. Affirmed.
Publication Date: 2023-08-14
Practice Area: Wrongful Death
Industry:
Court: Superior Court
Judge: Presiding Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 2267 EDA 2021 Appeal from
Trial court erred in granting plaintiff's motion to compel discovery in wrongful death and survival action brought by estate of foster parent murdered by foster child against foster family care agency and court found foster parent was not a person entitled to information from the foster care case record under §3130.44(d), ordered disclosure only of child's records as permitted by §6307(b) of the Juvenile Act and excluded any mental health treatment records and remanded trial court's order with respect to certain interrogatories for fu
Publication Date: 2023-08-14
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 417 WDA 2022
Will did not displace statutory presumption imposing inheritance taxes on transferees receiving non-probate assets where tax clause was expressly limited to assets passing under the will. Order of the trial court affirmed.
Publication Date: 2023-08-14
Practice Area: Dispute Resolution
Industry: Energy
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 464 WDA 2022
Trial court erred in not vacating arbitrator's award because there was no agreement to arbitrate between plaintiff and the real party in interest, a limited partnership in which defendant was a general partner, plaintiff did not receive notice that defendant was bringing the action as limited partnership's general partner and arbitrator exceeded his authority. Reversed.
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Authors: Jayme C. Long
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Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1258 WDA 2022
Commonwealth presented sufficient evidence to support an animal cruelty conviction where record showed defendant's dog's coat had become matted and filled with foreign debris, with such a condition only possible after a long period of ignoring the dog's poor appearance. Judgment of sentence affirmed.
Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 831 WDA 2022
Post-conviction relief petition based on presiding judge's contemporaneous criminal conduct failed where defendant failed to plead facts establishing causal connection between the judge's behavior and appellant's decision to enter a plea agreement. Order of the PCRA court affirmed.
Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 1380 MDA 2022
Rape and aggravated indecent assault convictions did not merge for sentencing purposes where rape included the element of sexual intercourse while aggravated indecent assault could be accomplished by digital penetration, which did not qualify as sexual intercourse, and the incidents leading to the convictions occurred in separate criminal acts. Judgment of conviction affirmed, case remanded.
Publication Date: 2023-08-07
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1408 WDA 2022
Post Conviction Relief Act court erred in granting nunc pro tunc direct appeal rights where counsel's alleged errors would not have completely foreclosed appellate review and defendant's Confrontation Clause claim lacked merit. Order of the PCRA court reversed, appeal dismissed.
Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 2666 EDA 2022
Subsequent sentencing order did not effectively revoke previously imposed probation term where that term was not before the trial court during the subsequent sentencing order, the order made no indication that the probation term was being revoked, and defendant was afforded requisite notice of the probation term in her prior sentencing order. Judgment of sentence affirmed.
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