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  • Monroe v. CBH2O

    Publication Date: 2022-12-12
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1862 EDA 2019

    Plaintiff appealed the grant of summary judgment to defendant in her personal injury action and court found plaintiff sufficiently pled the state of mind of recklessness to defeat defendant's motion for judgment on the pleadings and evidence of record created genuine issues of material fact precluding summary judgment. Reversed.

  • DeRosa v. Gordon

    Publication Date: 2022-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1121 EDA 2022

    The trial court did not err in finding that the presumption of paternity did not apply since mother's marriage to husband was no longer in intact and that paternity by estoppel did not apply given the married couple's "swinger" lifestyle and the putative father's regular involvement with the child. The appellate court affirmed.

  • Sanders v. Children's Hosp. Of Philadelphia

    Publication Date: 2022-12-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 646 EDA 2021

    Defendant hospital challenged trial court's rulings on privileged documents in plaintiffs' wrongful death and survival actions and court found most of the documents and reports were protected by the Peer Review Protection Act or the Medical Care Availability and Reduction of Error Act. Affirmed in part and reversed in part.

  • In the Interest of: J.C.

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2114 EDA 2021

    Juvenile appealed the dispositional order made after he made an admission to the crime of corruption of minors and court found juvenile court illegally adjudicated juvenile delinquent of COM because it was a legal impossibility for a "child" to commit the crime of COM. Reversed and vacated.

  • Barrett v. M&B Med. Billing, Inc.

    Publication Date: 2022-12-05
    Practice Area: Legal Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1442 WDA 2021

    The trial court erred in allowing the individual defendant, an officer of the defendant corporation but not a licensed attorney, to appear pro se on behalf of both herself and the defendant corporation in these legal proceedings. The appellate court reversed in part.

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  • Commonwealth v. Conley

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 935 WDA 2021

    Trial court could not anticipatorily revoke a consecutive sentence of probation following a violation of conditions of county intermediate punishment as no violations of the conditions of a term of probation could occur before a defendant began serving that term. Judgment of sentence vacated, case remanded.

  • Foster v. Nuffer

    Publication Date: 2022-12-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2017 EDA 2021

    Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.

  • Commonwealth v. Collins

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1419 MDA 2021

    Publicly posting fake "wanted poster" calling for a person's capture constituted belligerent acts that fell outside the bounds of constitutionally protected speech, permitting prosecution under the harassment statute. Judgment of sentence affirmed.

  • Caterpillar Fin. Serv. Corp. v. Get 'Er Done Drilling, Inc.

    Publication Date: 2022-12-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 202 WDA 2021

    Trial court properly granted summary judgment where it could consider affidavits from undisclosed witnesses and losing party's witness failed to provide countervailing evidence where he failed to provide his credentials to establish himself as a valuation expert or disclose the source of the facts underpinning his opinion. Judgment of the trial court affirmed.

  • Commonwealth v. Howard

    Publication Date: 2022-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2821 EDA 2019

    Government report highlighting issues in capital jury trials did not constitute "newly discovered evidence" to avoid Post Conviction Relief Act time bar where the report's findings did not support a claim that prosecutors in appellant's trial intentionally discriminated against prospective jurors based on race. Order of the PCRA court affirmed.