• Commonwealth v. Wroten

    Publication Date: 2021-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0730

    Trial court erred in denying commonwealth's motion to refile and dismissing assault, official oppression and harassment charges against appellee police officer because commonwealth demonstrated probable cause that appellee committed simple assault and caused "bodily injury" to train commuter, committed official oppression and committed the harassment offense. Reversed.

  • Penn Psychiatric Ctr., Inc. v. United States Liab. Ins. Co.

    Publication Date: 2021-06-28
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0738

    Employment practices insurance policy could not cover harassment and sexual abuse claims filed by former clients where the policy only covered wrongful torts arising from an employment relationship and the former clients had not alleged that they had been discriminated against based on a protected characteristic. Order sustaining demurrer affirmed.

  • Xtreme Caged Combat v. Zarro

    Publication Date: 2021-03-08
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0255

    Trial court properly granted one defendant's motion for a compulsory nonsuit but erred in granting other defendant's motion in plaintiff's action under the Pennsylvania Uniform Fraudulent Transfer Act because evidence failed to show a fraudulent transfer as to one defendant but was sufficient for a jury to find that debtor gave the second gym to friend for no consideration. Affirmed in part, vacated in part.

  • Commonwealth v. McConnell

    Publication Date: 2021-01-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0008

    Turning on construction floodlights that cast an unreasonable amount of light into a residential neighborhood did not have a reasonable purpose and constituted a public nuisance that violated the disorderly persons statute. Judgment of sentence affirmed.

  • Pineda v. Perry

    Publication Date: 2020-10-05
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1078

    Defendants appealed order permanently enjoining them from denying plaintiff access to an alley and court found there was an "easement of access" that could not be impaired, defendants' proposed defenses of abandonment, merger or adverse possession were inapplicable to this case and court lifted the stay and suspension of the permanent injunction. Affirmed and stay lifted.

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  • Heart Care Consultants, LLC v. Albataineh

    Publication Date: 2020-09-14
    Practice Area: Labor Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0996

    Rescission claim barred by res judicata and election of remedies where plaintiffs had previously filed a breach of contract action based on defendant's alleged breach of the parties' settlement agreement.

  • Commonwealth v. Rosenthal

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0636

    The trial courtdid not abuse its discretion in holding that further inquiry into jurydeliberations was not warranted in this case since the comments highlighted by a specific juror did not show that racial animus was a significant motivating factorin the jurors' vote to convict defendant. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Purnell

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0606

    The trial court did not abuse its discretion in granting the commonwealth's request to have a comfort dog present during the testimony of an autistic minor as there was no inherent prejudice in the presence of the dog in the courtroom and the trial court was not required to find a compelling "necessity" for the dog's presence. The superior court affirmed defendant's judgment of sentence.

  • In re: Estate of Atkinson

    Publication Date: 2020-04-20
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0408

    The trial court erred and abused its discretion in overruling defendants' preliminary objection and refusing to compel arbitration of a trust beneficiary's claims arising from trust accounts created and governed by documents containing valid arbitration provisions. The appellate court reversed and remanded.

  • Commonwealth v. Brockington

    Publication Date: 2020-04-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0384

    Defendant failed to present sufficient evidence to invoke self-defense as a justification for her actions, i.e., firing a handgun into the air of her Philadelphia neighborhood, where her testimony did not establish that she knew or had reason to believe that anyone had unlawfully entered or was in the process of unlawfully entering her home. The superior court affirmed defendant's judgment of sentence.