• Edenfield v. ECM Energy Serv., Inc.

    Publication Date: 2023-08-21
    Practice Area: Corporate Governance
    Industry: Advertising | Energy | Software
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 999 MDA 2022

    Court could not compel foreign corporation no longer doing business in the state to produce corporate books and records not physically located in the state, even though electronically stored records might theoretically be accessible from the state. Order of the trial court affirmed.

  • Carlino E. Brandywine, L.P. v. Brandywine Vill. Assocs.

    Publication Date: 2023-08-21
    Practice Area: Business Torts
    Industry: Legal Services | Real Estate | Retail
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2030 EDA 2022

    Although litigants and their counsel waived attorney-client privilege and attorney work product protection by asserting reliance on counsel and good faith advice, that waiver did not extent to communications in the present litigation or work product generated by other attorneys.

  • Commonwealth v. Whitmire

    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.

  • Halpern v. Ricoh U.S.A., Inc.

    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.

  • Leslie v. Pub. Health Mgmt. Corp.

    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

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • In re: Estate of Bavol

    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.

  • PennEnergy Res., LLC v. Winfield Res., LLC

    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.

  • Commonwealth v. Deible

    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.

  • Commonwealth v. Myers

    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.

  • Commonwealth v. Dove

    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.