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  • Jones v. McGreevy

    Publication Date: 2022-02-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0139

    Trial court erred in holding banking or brokerage accounts to be property held in tenancy by the entireties where the accounts were titled solely in one spouse's name and that spouse was the only person who accessed the account, while beneficiary interests in a trust or inherited IRA account funds were also subject to attachment. Judgment and order of the trial court vacated, cases remanded.

  • Evans v. Capital Blue Cross

    Publication Date: 2022-02-07
    Practice Area: Labor Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0136

    Establishment of terms and conditions for short-term disability benefits program created contractual expectation for employees that they could receive benefits so long as they met the requirements of the program, potentially exposing employer to contractual liability for denying benefits to a qualifying employee. Order of the trial court reversed, case remanded.

  • Commonwealth v. James

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0047

    Appellant appealed his conviction and sentence for simple assault, recklessly endangering another person and discharging a firearm into an occupied structure and court found the garage involved in the incident qualified as an occupied structure. Affirmed.

  • Commonwealth v. Prizzia

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1041

    The trial court properly found that police had probable cause to stop defendant's vehicle for a violation of 75 Pa.C.S. § 4524(e)(1), i.e., illegally tinted windows, where the evidence established that the windows of defendant's car were so darkly tinted that police could not see inside. The appellate court affirmed.

  • Commonwealth v. Martin

    Publication Date: 2021-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0761

    Trial court erred in suppressing evidence as fruit of the poisonous tree where officers saw furtive movements giving rise to safety concern only after entering hotel room without a warrant or consent of the occupants. Judgment of sentence reversed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

    View this Book

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  • Bogdan v. Am. Legion Post 153 Home Ass'n

    Publication Date: 2021-07-05
    Practice Area: Wrongful Death
    Industry: Insurance | Non-Profit
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0760

    Trial court abused discretion in denying insurer's petition to intervene to request special jury interrogatories to determine insurer's coverage obligation to defendants where insurer had no other interest in the wrongful death action and therefore did not cause undue delay with its petition. Order of the trial court reversed, case remanded.

  • Commonwealth v. Jefferson

    Publication Date: 2021-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0702

    Police were justified in stopping a vehicle after finding during a license plate check that the vehicle's owner had an active warrant, in the absence of any other information that would reject the inference that the owner was not driving the vehicle. Judgment of sentence affirmed.

  • Erie Ins. Exch. v. Mione

    Publication Date: 2021-05-24
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0577

    Household exclusion could apply to prevent underinsured motorist coverage for accident involving a vehicle covered by a separate policy where that separate policy did not include UIM coverage, meaning there was nothing for UIM benefits in other policies held by the household to stack onto. Order of the trial court affirmed.

  • Commonwealth v. Vela-Garrett

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0520

    Where police did not observe any indications of unsafe driving by a motorist ultimately arrested for driving under the influence of controlled substances, there was insufficient evidence to establish that the motorist acted recklessly, let alone knowingly, to support a conviction for endangering the welfare of children. Conviction reversed, judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Howard

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0496

    Statistical report indicating racial bias in jury selection in capital cases did not constitute newly-discovered evidence where the underlying data had been public record for years prior, meaning that defendant could not rely on the exception to the Post Conviction Relief Act time bar to make his petition timely. Order of the trial court affirmed.