• Commonwealth v. Young

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2088 MDA 2018

    Trial court properly denied evidence obtained from search where warrant was overbroad due to failure to incorporate time limitation consistent with the probable cause established by the supporting affidavit. Order of the trial court affirmed.

  • Erie Ins. Exch. v. Backmeier

    Publication Date: 2023-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 323 WDA 2022

    Motor Vehicle Financial Responsibility Law's requirement for excess underinsured motorist coverage did not preclude limitation of protection clause that was consistent with the policyholder's valid execution of a waiver of stacked UIM coverage. Judgment of the trial court affirmed.

  • Page Publ'g, Inc. v. Hemmerich

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 289 WDA 2022

    Trial court properly ruled sua sponte that it lacked subject matter jurisdiction because there was no dispute between the parties in publisher's declaratory judgment action against author asserting an arbitration clause required author to pursue any potential breach of contract claims before an arbitrator. Affirmed.

  • Commonwealth v. Haahs

    Publication Date: 2023-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2358 EDA 2021

    A person's lips and inside of their mouth were "intimate parts" for purpose of the indecent assault statute as touching those areas, outside of medical/dental care, was typically done only by an intimate or sexual partner. Judgment of sentence affirmed.

  • Wykel v. Knapp

    Publication Date: 2023-01-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2185 EDA 2021

    Trial court properly applied the entireties presumption and declared the refinanced mortgage remained a lien against the entire property even though wife had not signed that mortgage and court agreed because wife benefitted from the refinanced mortgage and trial court did not err in its reconciling of the statute of frauds with the entireties presumption. Affirmed.

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  • Commonwealth v. Stevenson

    Publication Date: 2023-01-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1157 EDA 2021

    Defendant forfeited any challenge to denial of motion in limine seeking to preclude evidence of a prior conviction, where defendant made strategic decision to introduce the conviction himself during his direct testimony. Judgment of sentence affirmed.

  • Commonwealth v. Mendoza

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 260 MDA 2022

    Reliable confidential informant information combined with police surveillance of controlled buys established sufficient probable cause for a substantial nexus between suspect's home and evidence of criminal or contraband that was the subject of a search warrant. Order of the trial court reversed, case remanded.

  • Commonwealth v. Cunningham

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 86 MDA 2022

    Police had reasonable suspicion to stop and frisk individuals due to odor of marijuana and their evasion of approaching officers, followed by the individuals' aggressive behavior towards the officers and encircling of the officers that gave rise to their safety concerns. Order of the trial court reversed, case remanded.

  • Commonwealth v. Davis

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 30 EDA 2022

    Police were not required to establish exigent circumstances to lawfully seize a firearm under the plain view doctrine, where the firearm was observed from a lawful vantage point and its contraband nature was confirmed by officers. Judgment of sentence affirmed.

  • Merino v. Repak, B.V.

    Publication Date: 2022-12-26
    Practice Area: Products Liability
    Industry: Distribution and Wholesale | Food and Beverage | Manufacturing
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 135 MDA 2022

    Court could exercise specific personal jurisdiction over foreign manufacturer with no minimum contacts of its own with the forum, based on the actions and contacts of its exclusive distributor with whom manufacturer had a close agency relationship. Order of the trial court affirmed.