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  • Mut. Benefit Ins. Co. v. Koser

    Publication Date: 2024-07-19
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance | Real Estate
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1340 MDA 2022

    Tenants qualified as co-insureds immune from subrogation claim where they had a reasonable expectation that landlord would obtain fire insurance for the leased premises and would look to that insurance for compensation for fire loss as lease made landlord responsible for insuring his interests. Judgment of the trial court affirmed.

  • Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1843 EDA 2022

    Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.

  • In re: Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2006 EDA 2022

    Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.

  • Commonwealth v. Peralta

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 291 MDA 2023

    Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.

  • Commonwealth v. Jennings

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2382 EDA 2022

    Trial court erred in modifying probation to add special conditions when it did not make any findings that defendant violated the existing conditions of probation or otherwise posed an identifiable threat to public safety. Order of the trial court vacated, case remanded.

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  • Estate of A.J.M.

    Publication Date: 2024-01-29
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 WDA 2022

    Denial of law firm's petition for fees and costs did not itself deprive couple subsequently adjudicated incapacitated of their choice of counsel, but the trial court exercised its discretion to deny fees and costs where it found the firm's services to be unreasonable or unnecessary. Orders of the trial court affirmed.

  • Mut. Benefit Ins. Co. v. Koser

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1340 MDA 2022

    Trial court properly granted tenants' motion for judgment on the pleadings in landlord's insurer's subrogation action over fire allegedly caused by tenants' candle because, under the lease, it was reasonable for tenants to expect that landlord would look only to the insurance policy for compensation for fire loss covered by the policy, tenants were implied co-insureds under the policy and insurer was precluded from presenting a subrogation claim against them. Affirmed.

  • Commonwealth v. Harrison

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2022

    Trial court did not err in denying nolle pros following death of a commonwealth witness where trial court found the witness's testimony was not critical to secure a conviction. Order of the trial court affirmed.

  • In re Estate of Simpson

    Publication Date: 2023-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1042 WDA 2022

    Trial court erred in imposing sanctions on appellant attorney who filed an "Objection to Account (Fraud)" on behalf of his client, decedent's wife, asserting fraud on wife in inducing her to elect to take under the will and trying to withdraw her election and court found appellant mistakenly presented his argument in the wrong format and/or wrong forum and the record did not show his filing was vexatious. Reversed.

  • Commonwealth v. McKnight

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 66 WDA 2023

    Trial court did not abuse discretion in directing commonwealth's response to bill of particulars seeking clarification on the manner in which defendant allegedly poisoned the victims since such information was directly related to the alleged actus reus and would shape defendant's defense strategy. Order of the trial court affirmed.