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Publication Date: 2024-01-08
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 144 WDA 2023
Search warrant affidavit established probable cause where it described the child pornography materials uploaded by an IP address and verified the association of that address with the residence to be searched. Judgment of sentence affirmed.
Publication Date: 2024-01-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge DuBow
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Case Number: 2128 EDA 2022
Appellant appealed the denial of her motions for return of her gun, which was confiscated after she pointed it at her neighbors, and court found record supported trial court's factual findings that Commonwealth met its burden of showing the property was used during the course of criminal activity. Affirmed.
Publication Date: 2024-01-01
Practice Area: Products Liability
Industry: Chemicals and Materials | Health Care | Non-Profit
Court: Superior Court
Judge: Judge Stabile
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Case Number: 111 EDA 2022
Defendants were entitled to JNOV on claim for future medical expenses or noneconomic losses where plaintiffs' experts' failed to use a generally accepted scientific methodology to determine that plaintiff's chronic illness was caused by exposure to disinfectant spray manufactured/used by defendants. Orders of the trial court affirmed.
Publication Date: 2024-01-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
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Case Number: 99 MDA 2023
Inadvertent omission of guilty finding in bench trial verdict was not the equivalent of a not-guilty verdict, enabling the trial court to correct its omission in the written verdict. Judgment of sentence affirmed.
Publication Date: 2024-01-01
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 507 MDA 2021
Court correctly nonsuited corporate negligence claim against hospital where plaintiff's trial evidence focused on the actions and omissions of individual staff and provided no proof of systemic negligence by hospital management. Judgment affirmed.
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Authors: James S. Bolan, Sara N. Holden
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Publication Date: 2024-01-01
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
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Case Number: 1369 EDA 2022
Appellant appealed from the trial court's domestic relations order granting appellee's petition for pre-birth establishment of parentage of the child that the female couple conceived through in vitro fertilization during marriage. The court affirmed, concluding that appellee had a contractual and an "intent-based" right to parentage.
Publication Date: 2024-01-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
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Case Number: 543 WDA 2023
Appellant appealed the trial court's parole-revocation judgment of sentence after denial of appellant's motion for reconsideration. Appellant argued that because his maximum remaining sentence after parole revocation would be less than two years, he should have been recommitted to county, rather than state, prison. The court affirmed, holding that appellant was property recommitted to state prison on his original seven-year sentence after revocation of his parole.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
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Case Number: 872 WDA 2022
Where retroactive application of registration requirements under Megan's Law III did not constitute an ex post facto violation, a challenge to a sentence for failure to register was properly cognizable under the Post Conviction Relief Act and thus untimely due to the lack of applicable exceptions to the time bar. Order of the trial court affirmed.
Publication Date: 2023-12-25
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Bender
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Case Number: 1340 MDA 2022
Trial court properly granted tenants' motion for judgment on the pleadings in landlord's insurer's subrogation action over fire allegedly caused by tenants' candle because, under the lease, it was reasonable for tenants to expect that landlord would look only to the insurance policy for compensation for fire loss covered by the policy, tenants were implied co-insureds under the policy and insurer was precluded from presenting a subrogation claim against them. Affirmed.
Publication Date: 2023-12-25
Practice Area: Corporate Entities
Industry: Food and Beverage | Legal Services | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1291 WDA 2022
Trial court properly granted petition to enforce settlement where there was sufficient record evidence to determine that receipt of specific documentation was not a material term of the parties' settlement and thus, they had reached agreement on all material terms. Order of the trial court affirmed.
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