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  • Commonwealth v. Duke

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0478

    The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.

  • Buchan v. Milton Hershey Sch.

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure
    Industry: Education
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0429

    The trial court properly sustained defendants' preliminary objection based on the applicable statute of limitations and dismissed plaintiff's state suit based on its finding that, in the absence of an order from the federal court, plaintiff's earlier filed and timely federal court action did not toll the statute of limitations on her state claims. The appellate court affirmed.

  • J. & S. O. v. C.H.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0426

    Automatic child custody standing statute for grandparents of a child with deceased parent did not violate due process or equal protection rights of surviving parent where the statute served compelling state interest of protecting and promoting child emotional well-being by ensuring continued long-standing and beneficial grandparent-child relationships. Order of the trial court affirmed.

  • Kiely v. Philadelphia Contributionship Ins. Co.

    Publication Date: 2019-04-08
    Practice Area: Insurance Litigation
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0397

    Trial court properly granted insurer's motion for nonsuit in action over insurer's duty to defend insured accused of intentional torts because the policies provided liability coverage for bodily injury caused by an occurrence, which was defined as an accident, and the underlying complaint alleged a purposeful attack. Affirmed.

  • In the Interest of H.J.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0286

    Trial court properly found that a goal change to adoption was in the child's best interests and parents' argument for a permanency goal of subsidized permanent legal custody lacked merit because they based their argument on the need for child to continue a relationship with her sister but SPLC as a permanency goal did not guarantee sibling visitation. Affirmed.

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Wells Fargo Bank, N.A. v. Zumar

    Publication Date: 2019-03-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0282

    Restriction on vacant lot precluding conveyance except with adjoining development lot constituted unreasonable restraint on alienation due to perpetual nature and illusory nature of condition permitting separate conveyance. Order of the trial court affirmed.

  • Commonwealth v. Coleman

    Publication Date: 2019-03-11
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0263

    The trial court erred in suppressing defendant's pre-arrest statements to police where the record supported the court's finding that defendant was not in custody for Miranda purposes, but he chose to stay and speak with police despite his invocation of the right to remain silent. The appellate court reversed and remanded.

  • Commonwealth v. Padilla-Vargas

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0261

    The trial court did not err in finding defendant guilty of cruelty to animals where the evidence established that he knew of his dog's dietary needs but abandoned the dog for a sufficiently long time such that the dog would certainly die. The appellate court affirmed defendant's judgment of sentence.

  • Courtney v. Courtney

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0271

    Trial court erroneously awarded counsel fees for a bad faith filing of a temporary PFA petition where the failure to prove the allegations of the petition did not, by itself, amount to bad faith and where the lack of a hearing meant there was no record support to find bad faith. Order of the trial court reversed.

  • MB Fin. Bank v. Rao

    Publication Date: 2019-01-15
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0029

    Trial court abused its discretion and committed reversible error when it precluded a lost note affidavit from evidence in a foreclosure action because appellant presented sufficient evidence to show that the affidavit was admissible as a business record. Reversed.