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  • 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.

  • 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.

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  • 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.

  • Commonwealth v. McCauley

    Publication Date: 2018-12-10
    Practice Area: Judges
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1495

    The trial court judge abused her discretion in denying defendant's motion for recusal where defendant provided enough evidence to raise substantial doubt as to the judge's ability to preside impartially over the defendant sex offender's sentencing hearing and provide him with a fair tribunal. The appellate court vacated and remanded for further proceedings.

  • Commonwealth v. J.C.

    Publication Date: 2018-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1417

    Juvenile petitioned for habeas corpus asserting he was held in violation of 42 Pa.C.S. §6353 and the court found that prior to his four-year commitment anniversary, he had notice of an extension or modification hearing, he had an opportunity to be heard and the juvenile court made specific findings pursuant to §6353. Petition denied.

  • Commonwealth v. Cramer

    Publication Date: 2018-09-25
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1135

    The trial court did not err in barring defendant's offer of DNA evidence regarding a rape victim's alleged sexual conduct with other partners where defendant asserted that the victim consented to sexual activity with him and, thus, the DNA evidence was not relevant to the issue of consent. The appellate court affirmed defendant's judgment of sentence.