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  • Commonwealth v. Williams

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 993 MDA 2022

    Acquittal on possession charge did not undermine conviction for possession with intent to deliver, since inconsistent verdicts did not necessarily constitute reversible errors. Judgment of sentence affirmed.

  • Commonwealth v. Riley

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 566 MDA 2022

    Evidence supporting an inference that defendant believed that a firearm exchanged for drugs was stolen was sufficient to support a conviction for receiving stolen property. Judgment of sentence affirmed.

  • Commonwealth v. Mabus

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    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.

  • Golik v. Erie. Ins. Exch

    Publication Date: 2023-08-28
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    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.

  • Commonwealth v. Smith

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    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.

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    State Antitrust Law

    Authors: William T. Lifland

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  • Trust Under Deed of Garrison

    Publication Date: 2023-08-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Schluth v. Krishavtar, Inc.

    Publication Date: 2023-08-21
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Toth v. Toth

    Publication Date: 2023-08-21
    Practice Area: Corporate Entities
    Industry: E-Commerce | Education
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Commonwealth v. Goodis

    Publication Date: 2023-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Carrero v. Lopez

    Publication Date: 2023-08-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    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.