• In the Interest of: K.T.

    Publication Date: 2024-10-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 324 WDA 2024

    Trial court had sufficient evidence to involuntarily terminate parental rights where mother proved incapable of remedying her substance abuse issues and expert testimony found child had a stronger, healthier bond with her foster parent. Order of the trial court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2320 EDA 2023

    Appellant appealed the trial court's order dismissing his petition under the Post Conviction Relief Act. The court affirmed, holding that the PCRA court erred by considering the merits of appellant's fatally untimely ineffectiveness of counsel claims. The court held further that the PCRA court properly denied appellant's claim seeking a new trial on the basis of after-acquired evidence where appellant failed to show that the evidence, consisting of unrelated disciplinary action against a testifying police officer, would likely result

  • Constantine v. Lenox Instrument Co., Inc.

    Publication Date: 2024-10-04
    Practice Area: Wrongful Death
    Industry: Chemicals and Materials | Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2710 EDA 2022

    Negligence verdict against employer in asbestos exposure case was not against weight of evidence where plaintiff presented sufficient evidence of exposure and employers had a heightened duty to protect employees from known workplace hazards. Orders of the trial court affirmed in part and reversed in part.

  • In re: Estate of Grigg

    Publication Date: 2024-10-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 862 WDA 2023

    Weight of evidence supported trial court's rejection of will where it discredited fact witness evidence regarding execution of the purported will, allowing the trial court to rely on expert testimony opining that the signature was a forgery. Order of the trial court affirmed.

  • PennEnergy Res. LLC v. MDS Energy Dev., LLC

    Publication Date: 2024-10-04
    Practice Area: Energy and Natural Resources
    Industry: Energy | Mining and Resources
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 132 WDA 2023

    Trial court erred when it held PennEnergy was likely to prevail on the merits regarding its claim that appellant MDS was not a party to the Joint Development Agreement or subject to the JDA's arbitration provision and also erred in granting PennEnergy's motion for preliminary injunction against appellant MDS in action concerning working interests in wellbores. Affirmed and vacated.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Gaspard

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2977 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on her jury convictions for theft by deception and false swearing. The court affirmed, holding that evidence supported appellant's conviction for theft by deception where appellant failed to disclose her personal business income while receiving Section 8 housing benefits.

  • Commonwealth v. Kolesar

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 355 WDA 2024

    Appellant appealed the trial court's judgment of sentence entered on his convictions for driving under the influence and other crimes. The court affirmed, holding that appellant was properly ordered to serve sentence on his fifth DUI conviction consecutively to his other DUI sentences pursuant to 75 Pa.C.S. § 3804(c.2).

  • Constantine v. Lenox Instrument Co., Inc.

    Publication Date: 2024-10-04
    Practice Area: Wrongful Death
    Industry: Chemicals and Materials | Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2676 EDA 2022

    Trial court erred in granting defendant's motion that effectively was a second summary judgment motion where defendant had presented no new evidence to eliminate any genuine issues of material fact regarding defendant's alleged failure to maintain corporate formalities between itself and its subsidiary. Order of the trial court vacated, case remanded.

  • Feldman v. CP Acquisitions 25, L.P.

    Publication Date: 2024-09-27
    Practice Area: Personal Injury
    Industry: Construction
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 501 EDA 2023

    Defendant could not qualify as statutory employer where it was not engaged in the production of timber and there was insufficient evidence of a contract to allow it to qualify as a statutory employer entitled to Workers' Compensation Act immunity. Judgment of the trial court affirmed.

  • Commonwealth v. Speed

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 900 WDA 2023

    Trial court correctly denied Rule 600 motion where delays attributable to defendant due to his continuances pushed the adjusted run date to after defendant's motion was filed or the entry of his guilty plea. Judgment of the trial court affirmed.