• Cardinal Midstream II, LLC v. Energy Transfer LP

    Publication Date: 2023-06-05
    Practice Area: Contracts
    Industry: Construction | Energy
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 609 WDA 2022

    Expert reports created in response to government directive during investigation into gas pipeline explosion were not privileged work product materials and thus could be discoverable. Order of the trial court affirmed.

  • Commonwealth v. McCready

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 447 WDA 2022

    PCR court properly dismissed appellee's PCR petition asserting ineffective assistance of trial counsel and asserting ineffective assistance of PCR counsel in his challenge to his conviction for sexual abuse of his niece and court found the purported evidence in the certifications of witnesses that trial counsel did not call to testify did not provide appellee with a complete alibi and demonstrated he had some access to a car, an issue in the case. Affirmed.

  • Carvell v. Edward D. Jones & Co., L.P.

    Publication Date: 2023-05-29
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 713 MDA 2022

    Trial court erred in not compelling arbitration pursuant to unlimited arbitration clause in account agreement that was expressly binding upon the accountholder's estate. Order of the trial court reversed in part, case remanded.

  • Commonwealth v. Murchison

    Publication Date: 2023-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3585 EDA 2019

    New DNA evidence did not compel Post-Conviction Relief Act relief where, like the evidence presented at trial, it continued to exclude defendant as a contributor and there was other evidence presented at trial to support defendant's murder conviction. Order of the PCRA court affirmed.

  • Rouse v. Rosenberg

    Publication Date: 2023-05-29
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 828 WDA 2022

    Trial court properly dismissed plaintiff's action asserting emotional distress from defendants' interference with a dead body where defendants' son killed plaintiff's son and hid the body and defendants concealed their relationship to the gun their son used in the murder and court held neither §868 of the second restatement of torts nor Papieves v. Lawrence, 263 A.3d 118, allowed recovery where a murder victim was missing and defendants allegedly acted as accessories after the fact in some manner, regardless of whether defendants knew

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    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Aita v. NCB Mgmt. Serv., Inc.

    Publication Date: 2023-05-29
    Practice Area: Wage and Hour Litigation
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 510 EDA 2022

    Plaintiff and defendant cross-appealed trial court's order denying defendant's motion for summary judgment and granting plaintiff's cross-motion for summary judgment. The court affirmed.

  • Hanbicki v. Leader

    Publication Date: 2023-05-22
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 835 EDA 2022

    Landlord's admitted withholding of evicted tenant's property was sufficient to impose contempt for violating trial court's order to turn over the property, but record did not support the judgment amount awarded by the trial court. Judgment of the trial court affirmed in part and vacated in part, case remanded.

  • Commonwealth v. Malone

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 425 EDA 2022

    Trial court erred in dismissing criminal case under Rule 600 because it failed to add time during judicial emergency where operation of Rule 600 was unambiguously suspended and improperly required the commonwealth to show its due diligence in bringing the case to trial during the judicial emergency. Order of the trial court reversed.

  • Fraport Pittsburgh, Inc. v. Allegheny County Airport Auth.

    Publication Date: 2023-05-22
    Practice Area: Government | Landlord Tenant Law
    Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 974 WDA 2022

    Agreement with concessions management company was a commercial lease, not a services agreement, where the agreement expressly defined itself as a lease and granted the company with a leasehold interest it could sublet to operators. Order of the trial court reversed, case remanded.

  • Commonwealth v. Santiago

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 940 EDA 2022

    Concussion constituted a serious bodily injury supporting a conviction for aggravated assault where the victim suffered symptoms of confusion, visual changes, disorientation, and migraines for several weeks following the assault. Judgment of sentence affirmed.