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  • Nationwide Prop. & Cas. Ins. Co. v. Castaneda

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1030 MDA 2022

    Trial court erred in granting judgment to insurer in its declaratory relief action asking court to find the unlicensed driver exclusion in an automobile policy was valid because §1718 of the Motor Vehicle Financial Responsibility Law did not include an unlicensed driver exclusion and thus, the policy's exclusion of coverage for first party medical expenses was not valid. Reversed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    An outburst in open court directing a profanity toward the trial judge supported a conviction for direct criminal contempt where the outburst halted the trial court proceedings and constituted an open defiance of the court's authority. Judgment of sentence affirmed.

  • Brown v. Gaydos

    Publication Date: 2023-12-25
    Practice Area: Labor Law
    Industry: Construction
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1132 WDA 2021

    Trial court erred in granting summary judgment under Workers' Compensation Act immunity where there were genuine issues of material fact as to whether defendant qualified as an employer or co-employee for injured worker's negligence claims arising from defendant's separately owned equipment. Order of the trial court reversed and remanded.

  • Commonwealth v. Pisarchuk

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 647 EDA 2023

    Court found no abuse of sentencing discretion in imposing above-Guidelines sentence with consecutive terms where trial court based its decision on defendant's rehabilitative needs, the gravity of his offenses, the effects suffered by victims, and the need for protection of the public. Judgment of sentence affirmed.

  • Commonwealth v. Moore

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 43 MDA 2023

    Sexual Offenders Assessment Board evaluator could rely on facts outside of defendant's plea colloquy to form opinion on a sexually violent predator designation, and the trial court could find that a diagnostic opinion citing a condition not listed in the Diagnostic and Statistical Manual Version V indicated that defendant suffered from a mental defect. Judgment of sentence affirmed.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Trizechahn Gateway LLC v. Schnader Harrison Segal & Lewis LLP

    Publication Date: 2023-12-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1043 WDA 2022

    Appellants appealed trial court's finding that debtor's transfers were actionable under the Pennsylvania Uniform Fraudulent Transfer Act and court found trial court's conclusions could reasonably be drawn from the evidence and it was not demonstrably motivated by capriciousness. Affirmed.

  • Commonwealth v. Crenshaw

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2022

    Appellants were not subject to Sexual Offender Registration and Notification Act registration requirements where they were subject to passive notification requirements in North Carolina and their offense of conviction under the North Carolina taking indecent liberties with children statute was broader in scope than the Pennsylvania indecent assault statute. Judgments of sentence vacated.

  • In the Interest of: A.R.

    Publication Date: 2023-12-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1510 EDA 2023

    In consolidated cases, mother appealed the trial court's order involuntarily terminating her parental rights to her daughter and changing child's permanency goal to adoption. The court affirmed, holding that intellectually disabled mother suffered no equal protection violation where the trial court terminated parental rights based on her inability to meet child's needs, rather than her intellectual capacity.

  • Estate of McFadden v. McFadden

    Publication Date: 2023-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 263 EDA 2023

    Trial court erred in denying appellant's petition to strike and/or open a foreign judgment because the deficient certification of the docket entries was apparent on the face of the record. Reversed and remanded.

  • Commonwealth v. Harrison

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2022

    Trial court did not err in denying nolle pros following death of a commonwealth witness where trial court found the witness's testimony was not critical to secure a conviction. Order of the trial court affirmed.