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  • Commonwealth v. Salinas

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 866 EDA 2023

    Victim testimony recounting incident where defendant turned his vehicle around to pass the victim a second time and shout a threat was sufficient to establish all the elements of harassment. Judgment of sentence affirmed.

  • Commonwealth v. Edwards

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 79 MDA 2023

    Defendant lacked reasonable expectation of privacy in her hotel room where she advertised on a prostitution website, agreed to meet with an anonymous person who contacted her, and invited an undercover detective into her room without inquiring into his identity. Judgment of sentence affirmed.

  • Westminster Am. Ins. Co. v. Bond

    Publication Date: 2024-01-08
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 538 EDA 2023

    Trial court erred in deeming tenant a co-insured under landlord's fire insurance policy where lease imposed no obligation for the landlord to obtain fire insurance or look to their insurer for coverage. Order of the trial court reversed.

  • In re Smith

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2128 EDA 2022

    Appellant appealed the denial of her motions for return of her gun, which was confiscated after she pointed it at her neighbors, and court found record supported trial court's factual findings that Commonwealth met its burden of showing the property was used during the course of criminal activity. Affirmed.

  • Moyer v. Shaffer

    Publication Date: 2023-12-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 422 MDA 2023

    Trial court erred in dismissing appellant's second protection from abuse petition after appellant's first PFA petition was dismissed without prejudice because res judicata and collateral estoppel did not apply to bar her from raising the same claims in her second petition and an evidentiary hearing was mandatory. Vacated and remanded.

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  • Tranter v. Z&D Tour, Inc.

    Publication Date: 2023-10-30
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1746 EDA 2022

    Trial court erred in ordering transfer on forum non conveniens grounds in action over a serious bus/truck accident because trial court made no finding that the witnesses who provided affidavits and statements possessed testimony relevant to appellees' defenses. Vacated.

  • Commonwealth v. Ochoa

    Publication Date: 2023-10-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1216 EDA 2022

    Trial court erred in denying suppression motion where officers retained driver's license after resolving DUI investigation, rendering defendant unable to leave the traffic stop and forcing him to be subjected to a second investigatory detention for drug possession unsupported by reasonable suspicion. Judgment of sentence vacated, case remanded.

  • Freeman v. Akiladelphia Creative Contracting, LLC

    Publication Date: 2023-10-02
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2394 EDA 2022

    Trial court had discretion to invalidate arbitration clause in home improvement contract because it did not meet all statutory requirements for such clauses. Order of the trial court affirmed.

  • In the Interest of R.R.D.

    Publication Date: 2023-09-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1357 MDA 2022

    Trial court erred as matter of law in terminating parents' parental rights under 23 Pa. C.S. §2511(a)(8) because agency failed to prove by clear and convincing evidence that the condition which led to the children's removal, inadequate housing, continued to exist. Reversed.

  • Commonwealth v. Faddis

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2666 EDA 2022

    Subsequent sentencing order did not effectively revoke previously imposed probation term where that term was not before the trial court during the subsequent sentencing order, the order made no indication that the probation term was being revoked, and defendant was afforded requisite notice of the probation term in her prior sentencing order. Judgment of sentence affirmed.