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  • In the Interest of K.M.

    Publication Date: 2023-11-13
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 159 WDA 2023

    Trial court properly granted guardian ad litem's motion and found agency failed to put forth reasonable efforts to prevent K.M.'s removal from his home as required by 42 Pa.C.S.A. §6351(b), trial court's decision was supported by competent evidence in the record and showed agency's monumental failures. Affirmed.

  • Commonwealth v. McKnight

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 66 WDA 2023

    Trial court did not abuse discretion in directing commonwealth's response to bill of particulars seeking clarification on the manner in which defendant allegedly poisoned the victims since such information was directly related to the alleged actus reus and would shape defendant's defense strategy. Order of the trial court affirmed.

  • R.A. Greig Equip. Co. v. Mark Erie Hospitality, LLC

    Publication Date: 2023-11-06
    Practice Area: Contracts
    Industry: Construction | Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 217 WDA 2023

    Trial court properly dismissed mechanics' lien claim where lien sought to recover the value of leased equipment and rental payments but the Mechanics' Lien Law only permitted recovery for "materials" that were incorporated into or used on the property. Order of the trial court affirmed.

  • Commonwealth v. Jenkins

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1665 MDA 2022

    Trial court did not abuse its discretion in revoking defendant's Accelerated Rehabilitative Disposition Program acceptance following the filing of charges stemming from a second DUI arrest that occurred prior to entry into ARD where the trial court would have denied defendant's application but for defendant concealing his arrest. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 315 MDA 2023

    Court affirmed grant of suppression motion where commonwealth waived arguments against suppression by failing to raise them in its initial opposition brief. Order of the trial court affirmed.

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  • Commonwealth v. Griffith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1106 MDA 2022

    Telling victim that their property was gone and to "press charges" was sufficient evidence to support an inference that defendant intended to deprive the victim of their property, even where defendant had merely found the property and left it where they had found it. Judgment of sentence affirmed.

  • In re Jones

    Publication Date: 2023-10-30
    Practice Area: Personal Injury
    Industry: Financial Services and Banking | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1576 MDA 2022

    Trial court properly vacated 2017 transfer order approving a purchase agreement of petitioner's structured settlement payments in exchange for a lump sum payment because purchaser never made the required lump sum payment and trial court had extraordinary cause to justify its intervention more than 30 days after entry of the 2017 order. Affirmed.

  • Commonwealth v. Little

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 29 WDA 2023

    Trial court correctly granted writ of habeas corpus where evidence demonstrated defendant only conspired to commit robbery in New York and subsequent theft in New York did not involve force. Order of the trial court affirmed.

  • Commonwealth v. Banniger

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1612 EDA 2022

    Totality of circumstances, including the parties' familial relationship, the use of controlled substances, and the victim becoming paralyzed with fear after waking up during the sexual assaults, were sufficient to find that defendant acted with forcible compulsion by overcoming the victim's will and causing her to submit to the assault. Judgment of sentence affirmed.

  • Tranter v. Z&D Tour, Inc.

    Publication Date: 2023-10-30
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1746 EDA 2022

    Trial court erred in ordering transfer on forum non conveniens grounds in action over a serious bus/truck accident because trial court made no finding that the witnesses who provided affidavits and statements possessed testimony relevant to appellees' defenses. Vacated.