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  • Turnpaugh Chiropractic Health & Wellness Cr., P.C. v. Erie Ins. Exch.

    Publication Date: 2023-06-26
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1448 MDA 2021

    Insurer appealed judgment in favor of chiropractor and the award of attorney fees where insurer repriced chiropractor's invoices and referred the bills to peer review and court found trial court erred in allowing chiropractor's expert to testify on matters outside the scope of his expert report and erred in awarding attorney fees under §§1716 and 1798 because there was no statutory authorization for an award of fees when an insurer invoked the peer review process. Affirmed in part and denied in part.

  • O.H. Bel Air Partners LP v. Hinton

    Publication Date: 2023-06-19
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 147 EDA 2023

    Trial court erred in calculating damages for unpaid rent where evidence indicated landlord applied tenant's rental assistance payments for months that it had a lapsed rental license. Judgment of the trial court vacated, case remanded.

  • Commonwealth v. Westlake

    Publication Date: 2023-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 361 WDA 2022

    Omnibus motion to dismiss DUI charges denied where challenges to legality of traffic stop and arrest were known to defendant and could have been raised in the initial omnibus motion; however, multiple DUI convictions should have merged for sentencing purposes. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.

  • King v. Driscoll

    Publication Date: 2023-06-19
    Practice Area: Contracts
    Industry: Food and Beverage | Legal Services
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1291 WDA 2022

    Trial court erred in enforcing settlement negotiated by parties' counsel where party opposing enforcement unequivocally testified that he never gave his attorney express authority to agree to a settlement and trial court failed to resolve that factual dispute. Order of the trial court reversed, case remanded.

  • Commonwealth v. Copes

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1275 EDA 2022

    Compulsory joinder rule did not require consolidation of criminal dockets where each docket involved a separate criminal incident and entirely different sets of evidence. Order of the trial court reversed.

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    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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  • Commonwealth v. Gray

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2288 EDA 2021

    Trial court did not abuse discretion in consolidating three robbery indictments for single trial where the evidence from each robbery was relevant to demonstrate defendant's common scheme as defendant claimed that he had no intent to rob the victims. Judgment of sentence affirmed.

  • Commonwealth v. Horlick

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 781 WDA 2022

    Appellant appealed the trial court's judgment of sentence for his conviction of strangulation and simple assault. The court affirmed.

  • Commonwealth v. Barnes

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1066 EDA 2022

    Unprovoked flight in a high-crime area was sufficient to establish reasonable suspicion to support an investigative detention, and using show of authority or force to temporarily detain a suspect did not rise to the level of a custodial detention. Order of the trial court reversed, case remanded.

  • Elite Care, Rx, LLC v. Premier Comp Solutions, LLC

    Publication Date: 2023-06-12
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1144 WDA 2020

    Trial court properly overruled workers' compensation insurers' preliminary objections to healthcare providers' billing agent's lawsuit, since the Bureau of Workers' Compensation lacked jurisdiction to hear the billing agent's fraud claims against the insurers. Order of the trial court affirmed.

  • Commonwealth v. Barkman

    Publication Date: 2023-06-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 359 WDA 2022

    Landlord's testimony concerning defendants' continued residence in home found in deplorable condition was sufficient to support a conviction for endangering the welfare of children. Judgment of sentence affirmed.