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  • Commonwealth v. Miller

    Publication Date: 2022-02-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0168

    Arresting police officer lacked authority to withdraw charge and enter plea agreement to lesser charge absent authorization from a district attorney or assistant district attorney. Order of the trial court affirmed.

  • In the Interest of: K.B.

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1357

    Trial court had sufficient basis to find child victim incompetent to testify where she demonstrated a lack of understanding of the need to tell the truth and did not accurately perceive the nature of the allegations in the case. Order of the trial court affirmed.

  • Commonwealth v. DeJesus

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1301

    Argument that sentencing court failed to consider evidence of juvenile offender's ability to be rehabilitated constituted challenge to discretionary aspects of sentence, which defendant waived by failing to explain how LWOP sentence violated the sentencing code or norms of sentencing. Judgment of sentence affirmed.

  • Rush v. Erie Ins. Exch.

    Publication Date: 2021-11-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1293

    Trial court properly found the "regular use" exclusion in insured detective's automobile insurance policy was unenforceable because the exclusion limited the scope of underinsured motorist coverage that the Motor Vehicle Financial Responsibility Law required insurer to provide. Affirmed.

  • Commonwealth v. Green

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1298

    Court quashed commonwealth's appeal from trial court's decertification order, where the order was entered more than 20 days following a hearing on defendant's petition, rendering the order and the appeal therefrom legal nullities. Appeal quashed.

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  • Harley v. Healthspark Found.

    Publication Date: 2021-11-01
    Practice Area: Labor Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1274

    Trial court erred in ruling that employees earned leave benefits for a calendar year over the course of the prior year, where employer's fringe benefits policy expressly stated that leave was "earned" on January 1 of a particular year. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Trust Under Deed of Ott

    Publication Date: 2021-10-25
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1244

    Co-trustees objected to account of an inter vivos trust and court found orphans' court correctly limited bank's trust administration fee and properly granted a one-time principal fee. Affirmed.

  • Commonwealth v. Harrington

    Publication Date: 2021-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1196

    The trial court did not err in admitting video surveillance that tracked the interaction between defendant's cousin and the police officer that her cousin shot as such evidence was relevant to prove the underlying crime by defendant's cousin, which was an element of the offense of hindering apprehension or prosecution. The superior court affirmed defendant's judgment of sentence.

  • In the Interest of: D.C.

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1086

    Child sexual assault victim's out-of-court statements were properly admitted under Tender Years Hearsay Act where sufficient evidence supported trial court's determination that the victim's statements were sufficiently reliable and that requiring the victim to testify in court would cause significant mental distress. Order of the trial court affirmed.

  • Harris v. Couttien

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0993

    Trial court erred in dismissing complaint for defective service where opposing party suffered no prejudice from the improper service itself. Order of the trial court vacated, case remanded.