• In the Interest of T.Q.B.

    Publication Date: 2022-11-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1527 MDA 2021

    Appellant juvenile appealed her delinquency adjudication for cyber harassment of a child and transmission of sexually explicit images by a minor after appellant goaded mentally challenged juvenile to lift her shirt and expose the bottom of her breasts on Instagram Live and court rejected appellant's argument that nudity under 18 Pa.C.S. §6321 required a fully exposed breast and found appellant's course of conduct was intended to harass victim. Affirmed.

  • In re Estate of Tomcik

    Publication Date: 2022-11-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 984 WDA 2021

    Orphans' court properly clarified orders denying appellant's motion to dismiss estate's action, imposed sanctions and directed appellant to pay the previously agreed-upon settlement and court awarded additional counsel fees due to appellant's obdurate, dilatory and vexatious conduct. Affirmed.

  • Toppy v. Passage Bio, Inc.

    Publication Date: 2022-11-28
    Practice Area: Contractual Disputes
    Industry: Biotechnology
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24 EDA 2021

    Appellant appealed the dismissal of his complaint asserting appellee breached a settlement agreement that resolved appellant's wrongful termination claims and court found trial court erred in sustaining appellee's preliminary objections to appellant's breach of settlement agreement and Wage Payment Collection Law counts and properly dismissed appellant's misrepresentation and unjust enrichment counts. Reversed in part and affirmed in part.

  • Commonwealth v. Reed

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 316 WDA 2022

    Trial court erred in imposing incarceration for parole violation of failure to pay fines and costs without first conducting an ability-to-pay hearing, even though defendant had been found guilty of other parole violations as well. Judgment of the trial court reversed, case remanded for further proceedings.

  • Commonwealth v. Smith

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1279 EDA 2021

    Motion to suppress erroneously granted where police were permitted to seize illegal firearm under plain view doctrine after seeing the gun through an open window during a lawful traffic stop. Order of the trial court reversed, case remanded.

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    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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  • Grady v. Nelson

    Publication Date: 2022-11-14
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2115 EDA 2021

    Sheriff's return of service indicating the non-existence of an address was conclusive on its face to render a petition to strike or open default judgment meritorious as it was apparent that defendant was not afforded notice of the proceedings. Order of the trial court reversed, case remanded.

  • Commonwealth v. Arnold

    Publication Date: 2022-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 38 WDA 2022

    Lack of a mens rea element in a statute did not make a crime a strict liability offense in the absence of statutory language doing away with mens rea, requiring retrial where the trial court failed to instruct the jury on the mens rea element. Judgment of sentence affirmed in part and vacated in part, case remanded for retrial.

  • Ritchey v. Rutter's Inc.

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2219 EDA 2020

    Trial court properly denied defendants' motion to transfer venue on the basis of forum non conveniens because, while defendant showed inconvenience, there was no showing of oppressiveness and trial court's decision did not rise to the level of overriding or misapplying the law and was not manifestly unreasonable. Affirmed.

  • Commonwealth v. Nuzzo

    Publication Date: 2022-11-07
    Practice Area: Privacy
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 726 WDA 2021

    Trial court erred in denying criminal defendant's request to seal his competency petition, where the petition included mental health treatment records that put the petition within the category of "all documents" subject to confidentiality under the Mental Health Procedures Act. Order of the trial court vacated, case remanded.

  • Waters v. Express Container Serv. of Pittsburgh

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 94 WDA 2022

    Defendant Miller Transporters appealed the denial of its motion for arbitration in plaintiff truck driver's action for injuries he suffered while inspecting a tanker-trailer he was to transport for Miller under an equipment lease and transportation agreement and court found inclusion of claims that arose out of "operations pursuant to this Agreement" in the agreement showed a clear intent to encompass all claims arising out of plaintiff's work under the agreement. Reversed and remanded.