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Publication Date: 2023-08-28
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bender
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for defendant:
Case Number: 1429 EDA 2020
In case disputing the validity of modification agreements to an inter vivos trust, orphans' court properly denied appellants' motion for judgment on the pleadings on the grounds of disputed issues of material fact and court vacated its denial of appellants' petition for declaratory judgment as premature, vacated its decision that estate was not a proper participant to the proceedings and remanded for discovery on the issue of a confidential relationship. Affirmed in part, vacated in part and remanded.
Publication Date: 2023-05-29
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Superior Court
Judge: Judge Bender
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Case Number: 713 MDA 2022
Trial court erred in not compelling arbitration pursuant to unlimited arbitration clause in account agreement that was expressly binding upon the accountholder's estate. Order of the trial court reversed in part, case remanded.
Publication Date: 2023-05-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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Case Number: 1208 MDA 2021
Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence recovered from the execution of cell phone search warrants. The court affirmed in part, reversed in part, and remanded for further proceedings.
Publication Date: 2023-04-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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for defendant:
Case Number: 611 WDA 2022
Court could admit preliminary hearing testimony of deceased witness despite defendant not cross-examining the witness about his criminal history, where defendant and the witness were the only two suspects to the crime and defendant thoroughly cross-examined the witness regarding his potential involvement in the offense, and the witness's criminal history would have only been minor impeachment evidence. Order of the trial court reversed, case remanded.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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Case Number: 2632 EDA 2021
Pennsylvania Supreme Court decision that recognized that Pennsylvania Constitution was incompatible with the federal "automobile exception" did not implicitly overrule the inventory search exception as well since both exceptions were distinct, as inventory searches were conducted for "community caretaking" rather than investigation of crimes. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-02-13
Practice Area: Personal Injury
Industry: Construction
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1605 EDA 2021
Trial court erred in barring defendant's statutory employer defense in plaintiff's negligence action after he fell through a hole in a roof while working for roofing subcontractor and court found defendant met all five elements of the McDonald test, defendant was plaintiff's statutory employer and was immune from tort liability. Judgment vacated.
Publication Date: 2023-01-23
Practice Area: Personal Injury
Industry: Agriculture
Court: Superior Court
Judge: Judge Bender
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Case Number: 455 EDA 2022
Trial court erred in granting summary judgment to appellees in plaintiffs' asbestos personal injury action and erred in finding appellees' failure to warn husband of the dangers of asbestos did not constitute negligence and court found plaintiff wife presented sufficient evidence to establish a genuine issue of material fact that appellees' failure to protect husband from exposure to asbestos constituted a breach of the duty they owed him as their employee. Reversed.
Publication Date: 2022-11-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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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.
Publication Date: 2022-11-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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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.
Publication Date: 2022-10-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
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Case Number: 1630 MDA 2021
Defendant was entitled to a new trial on charges that he violated 18 Pa.C.S. §6106(a) by carrying a firearm without a license where the trial court erred in allowing the jury to hear inadmissible and irrelevant legal opinion testimony from a sheriff which could have contributed to the guilty verdict. The appellate court vacated defendant's judgment of sentence and remanded for a new trial.
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