• Erie Ins. Exch. v. United Serv. Auto. Ass'n

    Publication Date: 2022-12-26
    Practice Area: Insurance Litigation
    Industry: Automotive | Insurance
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1482 WDA 2021

    Pennsylvania law does not recognize a subrogation cause of action based on a party's failure to fulfill a gratuitous, indefinite promise to preserve evidence that may be relevant to an insurer's claims against third parties. Order of the trial court affirmed.

  • Commonwealth v. Bullock

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 357 EDA 2022

    Trial court could admit prior public drunkenness conviction where defendant had asserted on direct examination that she had no prior convictions, as the conviction directly contradicted defendant's assertion of good character. Judgment of sentence affirmed.

  • Commonwealth v. Bankes

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 541 MDA 2022

    Challenge to multiple consecutive sentences constituting potential de facto life sentence denied where trial court imposed standard-range sentences and considered all relevant sentencing statutory factors before articulating reasons for the aggregate sentence imposed. Judgment of sentence affirmed.

  • Estate of Quigley v. Pottstown Hosp., LLC

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1022 EDA 2022

    Trial court erred in granting defendant Tower Health's motion for a change of venue in action for negligence, premises liability, and assault/raperespondeat superior alleging decedent was raped and sexually assaulted while a patient at hospital owned by Tower Health and court found that Tower Health, a parent corporation and named defendant, regularly conducted business in Philadelphia for the purposes of establishing venue. Reversed.

  • Ungarean v. CNA & Valley Forge Ins. Co.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 490 WDA 2021

    Trial court properly granted summary judgment to plaintiff in action for insurance coverage for loss of business income due to COVID-19 under policy's business income and extra expense provisions and court agreed with trial court's interpretation of "direct physical loss of or damage to" to include the act of being deprived of the physical use of one's property. Affirmed.

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  • In the Interest of K.L.

    Publication Date: 2022-12-19
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1552 EDA 2022

    Appellant challenged juvenile court's issuance of a stay-away order in action relating to child's adoption and court found juvenile court denied appellant the opportunity to be heard before issuing the order and denied his due process rights. Vacated.

  • MacMiles, LLC v. Erie Ins. Exch.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1100 WDA 2021

    Trial court erred in finding plaintiff established a valid claim for COVID-19 related income loss under the business income provisions of the policy because trial court's reading of "direct physical loss of or damage to Covered Property" to cover purely economic losses was strained and unconvincing and trial court erred in finding a triable issue of fact under the civil authority provision of the policy. Reversed.

  • Commonwealth v. Arias

    Publication Date: 2022-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 543 MDA 2022

    Multiple factors, including odor of marijuana, attempts to conceal identity and ownership of vehicle, and noncooperation during traffic stop, gave police probable cause to conduct a warrantless search of defendant's vehicle. Judgment of sentence affirmed.

  • 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.