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  • Erie Ins. Exch. v. United Serv. Auto. Ass'n

    Publication Date: 2022-12-26
    Practice Area: Insurance Litigation
    Industry: Automotive | Insurance
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1482 WDA 2021

    Pennsylvania law does not recognize a subrogation cause of action based on a party's failure to fulfill a gratuitous, indefinite promise to preserve evidence that may be relevant to an insurer's claims against third parties. Order of the trial court affirmed.

  • Commonwealth v. Collins

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1419 MDA 2021

    Publicly posting fake "wanted poster" calling for a person's capture constituted belligerent acts that fell outside the bounds of constitutionally protected speech, permitting prosecution under the harassment statute. Judgment of sentence affirmed.

  • Waters v. Express Container Serv. of Pittsburgh

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 94 WDA 2022

    Defendant Miller Transporters appealed the denial of its motion for arbitration in plaintiff truck driver's action for injuries he suffered while inspecting a tanker-trailer he was to transport for Miller under an equipment lease and transportation agreement and court found inclusion of claims that arose out of "operations pursuant to this Agreement" in the agreement showed a clear intent to encompass all claims arising out of plaintiff's work under the agreement. Reversed and remanded.

  • Commonwealth v. Jamison

    Publication Date: 2022-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1355 MDA 2021

    Motion to withdraw guilty plea properly denied where defendant had presented only a bare claim of innocence and had provided no evidence to support their allegation that commonwealth witnesses had lied on the stand. Order of the trial court affirmed.

  • Commonwealth v. Bullian

    Publication Date: 2022-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 754 MDA 2021

    Trial court erred in dismissing charge based upon compulsory joinder where defendant's voluntary participation in accelerated rehabilitation disposition program on that charge constituted waiver of application of the compulsory joinder rule.

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  • MBC Dev. LP v. Miller

    Publication Date: 2022-09-12
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1034

    Determination of limited partnership's special litigation committee not to pursue litigation against controller could potentially bar limited partner's derivative claims, but the preclusion of such claims was an issue to be decided by an arbitrator pursuant to the partnership agreement where the Limited Partnership Act did not create a separate statutory cause of action to determine the preclusive effect. Order of the trial court vacated in part and affirmed in part, case remanded.

  • Hellenic Capital LLC v. Tran

    Publication Date: 2022-09-05
    Practice Area: Commercial Law
    Industry: Food and Beverage | Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1001

    Trial judge properly held that the notes on which plaintiff confessed judgment were negotiable instruments, plaintiff was a holder in due course and defendant's defense of seller's breach of purchase agreements was not a meritorious defense to plaintiff's claims. Affirmed.

  • Kohlman v. Grane Healthcare Co.

    Publication Date: 2022-07-18
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0803

    Trial court correctly overruled defendant nursing home's preliminary objection to compel arbitration in estate's action over decedent's death because arbitration agreement decedent signed when she entered defendant nursing home was unconscionable as a matter of law. Affirmed.

  • Commonwealth v. Lehnerd

    Publication Date: 2022-04-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0428

    Trial court erred in denying motion to suppress evidence where there was no evidence that defendant's parents had apparent authority to consent to the police's entry into the residence that defendant maintained separately from his parents. Judgment of sentence vacated, case remanded.

  • Commonwealth v Fuentes

    Publication Date: 2022-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0309

    Defendant's weight of the evidence challenge to his convictions for the rape of a child and related offenses did not warrant relief as he did not produce any authority to demonstrate that the victim's testimony was so unreliable that it could not act as a basis on which to convict him. The superior court vacated the judgment of sentence on other grounds.