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Publication Date: 2019-10-28
Practice Area: Judges
Industry: Legal Services | State and Local Government
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1267
The trial court did not err when it refused to order an evidentiary hearing before another judge on the commonwealth's motion for recusal where the commonwealth failed to present any evidence to support its troubling claims regarding the sitting judge's alleged ex parte communications with the members of the district attorney's office. The appellate court affirmed without prejudice to the commonwealth's ability to develop the record further.
Publication Date: 2019-09-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1109
The trial court did not err in sentencing defendant to three mandatory-minimum terms of incarceration pursuant to 18 Pa.C.S. §111(h) where the commonwealth gave defendant notice prior to trial of its intent to seek mandatory-minimum terms and the criminal informations at issue clearly charged defendant with multiple offenses under §6111. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-09-16
Practice Area: Energy and Natural Resources
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1094
The trial court did not err in finding that two leases granting defendants oil, gas and mineral rights had terminated due to abandonment where the record supported a finding that there had been a 16-year long period of inactivity concerning production at the relevant wells. The appellate court affirmed a trial court order granting plaintiffs summary judgment.
Publication Date: 2019-09-16
Practice Area: Discovery
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1097
The trial court did not err or abuse its discretion in awarding plaintiffs reasonable attorney fees as a sanction for defendants' failure to respond truthfully to requests for admissions, as Pa.R.Civ.P. 4019 does not limit an award of attorney fees and costs to those cases were denials of requests for admissions are proven false at a trial or hearing. The appellate court affirmed.
Publication Date: 2019-07-29
Practice Area: Insurance Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0878
Where there was no allegation that insured's alleged fraudulent conduct was done in the course of his employment, insurer was not entitled to disclaim a duty to defend pursuant to the "business pursuits" exclusion under the insured's umbrella policy. Order of the trial court affirmed in part and reversed in part.
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Publication Date: 2019-07-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0840
Where defendant's underlying claim of trial counsel's ineffectiveness was meritorious, his claim that Post Conviction Relief Act counsel was ineffective for unreasonably abandoning the underlying ineffectiveness claim in a rule 1925(b) statement also had arguable merit, warranting a new trial. The appellate court vacated defendant's judgment of sentence and remanded for a new trial.
Publication Date: 2019-07-15
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0809
Trial court erred by imposing separate sentences for a delivery conviction and a possession with intent to deliver a controlled substance conviction arising from a single criminal act of delivery of a compound mixture of controlled substances. Judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2019-05-27
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0628
Contrary to defendant's assertion, the trial court articulated its reasons for sentencing him to a prison term beyond the sentencing guidelines, including defendant's criminal assault of a five-week-old child while he was in a caregiver role and the extreme, life-altering injuries the child suffered as a result. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-06
Practice Area: Civil Procedure
Industry: Advertising | Real Estate
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0510
The appellate court declined to quash defendant's appeal as untimely, holding that a party is not required to appeal within 30 days from an order denying post-trial motions where that order disposes of both declaratory judgment and non-declaratory judgment claims. The appellate court affirmed the trial court's judgment.
Publication Date: 2019-04-29
Practice Area: Landlord Tenant Law
Industry: Food and Beverage
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0489
Trial court erred in refusing to open a confessed judgment in an action over a commercial lease in which landlord was given possession of the premises and accelerated rent because, under Pennsylvania law, landlord was limited to seeking actual monetary damages as of the date it took possession. Order reversed.
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