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  • Commonwealth v. Agnew

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1408 WDA 2022

    Post Conviction Relief Act court erred in granting nunc pro tunc direct appeal rights where counsel's alleged errors would not have completely foreclosed appellate review and defendant's Confrontation Clause claim lacked merit. Order of the PCRA court reversed, appeal dismissed.

  • Commonwealth v. Faddis

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2666 EDA 2022

    Subsequent sentencing order did not effectively revoke previously imposed probation term where that term was not before the trial court during the subsequent sentencing order, the order made no indication that the probation term was being revoked, and defendant was afforded requisite notice of the probation term in her prior sentencing order. Judgment of sentence affirmed.

  • Chilutti v. Uber Tech., Inc.

    Publication Date: 2023-08-07
    Practice Area: Dispute Resolution
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1023 EDA 2021

    Appellants appealed the trial court's order granting appellees' petition to compel arbitration. The court reversed and remanded, concluding there was no valid agreement to arbitrate where appellants purportedly gave up their constitutional right to a jury trial by entering into a mandatory arbitration agreement via hyperlinked "terms and conditions" on a website or smartphone application they never clicked on, viewed, or read.

  • In re Estate of Schaefer

    Publication Date: 2023-08-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1342 WDA 2022

    Appellant appealed the order distributing decedent's IRA to his second wife and court found 1) the plain and unambiguous language of the IRA provided for inheritance by a surviving spouse only if there was no named beneficiary, 2) decedent had named first wife as the beneficiary and 3) second wife waived her right to decedent's separate property and any part of his estate in the premarital agreement. Vacated.

  • Commonwealth v. Asbury

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 907 WDA 2022

    Prohibition on Sex Offender Registration and Notification Act's irrebuttable presumption of recidivism to juveniles did not apply when a juvenile committed a criminal act ineligible to be charged as a delinquent act. Judgment of sentence affirmed.

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  • Campbell v. Tang

    Publication Date: 2023-07-31
    Practice Area: Damages
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1006 EDA 2022

    Party who broke off engagement was not required to return engagement jewelry because party who proposed marriage was still in a valid marriage at all times during the parties' dating relationship and engagement, making the engagement void ab initio and rendering the gift an unconditional gift. Judgment of the trial court affirmed.

  • Commonwealth v. Green

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2068 EDA 2022

    Police possessed reasonable suspicion to detain defendant after observing a firearm on his person and drug paraphernalia strewn throughout his vehicle, which smelled of burnt marijuana. Judgment of sentence affirmed.

  • Commonwealth v. Rondon

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 511 MDA 2022

    Trial court was not obligated to secure bondsman's written reaffirmed consent where trial court had initially forfeited defendant's bail due to the trial court's error.

  • Commonwealth v. Corson

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 929 MDA 2022

    Appellant appealed the trial court's imposition of judgment on his convictions of multiple counts of driving under the influence and summary offenses. The court vacated the judgment of sentence and convictions and remanded for further proceedings.

  • Von Sick v. ANC Builders, Inc.

    Publication Date: 2023-07-17
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 391 EDA 2022

    Trial court erred in overruling home inspection company's preliminary objection in the form of an application to compel arbitration in plaintiff's breach of contract action because the arbitration provision itself was valid and a determination as to the validity of the rest of the contract was for the arbitrator to decide. Order vacated.