• Galette v. NJ Transit

    Publication Date: 2023-04-10
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2210 EDA 2021

    Trial court properly refused to dismiss plaintiff's automobile accident negligence action against defendant on sovereign immunity grounds and court found the action posed no threat to the sovereign dignity or the treasury of the state of New Jersey and defendant was not an arm of the state. Affirmed.

  • Commonwealth v. Lewis

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1055 EDA 2022

    Trial court violated defendant's Sixth Amendment rights by disqualifying chosen counsel for alleged violations of the Rules of Professional Conduct when counsel made pretrial statements to the media, where trial court's disqualification appeared to be punitive in nature rather than focused on preventing any prejudice to the commonwealth's ability to have a fair trial. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Watson

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1209 WDA 2021

    Trial court in bench trial had sufficient basis to reject insanity defense based on defendant's admission on the date of her crimes that she fled from police because she did not want to get in trouble or go to jail, which supported an inference that she understood the legal or moral wrongness of her actions. Judgment of sentence affirmed.

  • Edwards v. Norfolk S. Ry. Co.

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 826 EDA 2021

    Relation back doctrine could render complaint filed by estate's personal representative timely even though personal representative had not yet been appointed, where personal representative was decedent's spouse and nominated as executor by the decedent's will, such that appointment was reasonably certain. Order of the trial court affirmed.

  • Commonwealth v. McLendon

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 298 WDA 2022

    Trial court did not violate right to counsel by failing to conduct waiver colloquies where appellant voluntarily and intelligently chose to plead guilty and his history of dilatory conduct through the exercise of his constitutional rights warranted a finding of forfeiture of the right to counsel. Judgment of sentence affirmed.

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  • Taylor v. Pennsylvania State Corr. Officers Ass'n

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1473 MDA 2021

    Trial court properly dismissed appellant's action asserting union's promulgation of a schedule of fees in connection with its representation of non-members like appellant in the context of various employment grievances constituted a violation of the duty of fair representation because the mere fact of implementing a fee schedule did not show a violation of the duty of fair representation and appellant failed to show union acted arbitrarily, irrationally or fraudulently. Affirmed.

  • Commonwealth v. Lawrence

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1019 MDA 2022

    Sentencing for conviction for violation of driving while operating privilege is suspended or revoked DUI related statute was constitutional where motor vehicle code did not prohibit use of crime code's statutory sentencing maximums. Judgment of sentence affirmed.

  • Santiago v. Philly Trampoline Park, LLC

    Publication Date: 2023-04-03
    Practice Area: Dispute Resolution
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2615 EDA 2021

    Trial court properly denied defendant's motion to compel arbitration to resolve the negligence claims of non-signing spouse and children hurt in trampoline park accidents because defendant failed to show signing spouse was the agent of the non-signing spouse and the parent-child relationship did not empower the signing parent to waive minor child's rights to have their claims resolved in a court of law. Affirmed.

  • Weliver v. Ortiz

    Publication Date: 2023-03-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2347 EDA 2022

    Trial court erred in finding it had subject matter jurisdiction over child custody matter where neither mother, father nor child had resided in Pennsylvania since April 2019 and trial court also erred in holding that father's 2018 petition was unresolved because the unresolved petition at the time of the hearing was father's 2020 petition. Vacated and remanded.

  • Garcia v. Foot Locker Retail, Inc.

    Publication Date: 2023-03-27
    Practice Area: Tax
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1453 WDA 2021

    Mistakenly charging sales tax on nontaxable items did not create a cognizable claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as collection of tax did not constitute "trade or commerce" and purchasers could seek relief from the Department of Revenue. Order of the trial court reversed.