• Commonwealth v. Palchanes

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1435

    The evidence of record supported defendant's conviction for obstructing the administration of law or other governmental function where he refused to submit to a blood draw despite being served with a valid search warrant secured by police. The appellate court affirmed defendant's judgment of sentence.

  • Digital Commc'n Warehouse, Inc. v. Allen Inv., LLC

    Publication Date: 2019-12-02
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Electronics
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1398

    Trial court was obligated to grant petition to open default judgment where defendant disputed the validity of service of the complaint, which would negate the trial court's jurisdiction over the defendant.

  • Commonwealth v. Lu

    Publication Date: 2019-11-25
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1376

    The trial court erred in admitting a hearsay statement implicating defendant in the operation of an alleged house of prostitution where the witness who made the testimonial statement was unavailable and defendant did not have an opportunity to cross-examine her. The appellate court vacated defendant's judgment of sentence.

  • Commonwealth v. Dip

    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.

  • Commonwealth v. Dejarnette

    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.

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  • SLT Holdings, LLC v. Mitch-Well Energy, Inc.

    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.

  • SLT Holdings, LLC v. Mitch-Well Energy, Inc.

    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.

  • Nationwide Mut. Ins. Co. v. Arnold

    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.

  • Commonwealth v. Shaw

    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.

  • Commonwealth v. Ramsey

    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.