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  • Commonwealth v. Morgan

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0850

    Although akin to a form of public shaming, sexually violent predator designation did not violate the constitutional right to reputation where it was imposed following a hearing process that observed a criminal defendant's due process rights and where the designation served the compelling state interest of public safety. SVP designation affirmed. Judgment of sentence reversed, case remanded for resentencing.

  • Mkt. Square Prop. Dev., LLC v. TGRG, LLP

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0711

    Trial court properly found that a lease restriction appellants created on the part of a parcel of land appellants leased did not encumber the entire property that a third party owned. Affirmed.

  • Commonwealth v. Aulisio

    Publication Date: 2021-06-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0700

    Two consecutive 30-year sentences did not violate Miller principles because each sentence had to be reviewed individually and therefore did not constitute a de facto life sentence. Judgment of sentence affirmed.

  • Commonwealth v. Sims

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0518

    Claims of destruction of blood samples could not support motion for DNA testing under PCRA and were properly construed as a PCRA petition, which was untimely and duplicative of previously-dismissed petitions. Order of the trial court affirmed.

  • Commonwealth v. Arrington

    Publication Date: 2021-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0305

    Where a defendant acted with another individual to commit an unlawful act in conscious disregard of a substantial risk of causing death, that defendant could be charged with conspiracy to commit involuntary manslaughter. Judgment of sentence affirmed.

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  • Grove v. Lutz

    Publication Date: 2021-01-18
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0036

    Conveyance of property and attendant rights precluded seller from thereafter amending existing lease to extend the lease term or collect rents therefrom. Judgment of the trial court reversed, case remanded.

  • Commonwealth v. Given

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0004

    Addressing an issue of first impression, the superior court ruled that where the defendant committed a single act of driving while his blood contained a parent compound and a metabolite of the same controlled substance, i.e., marijuana, he could not be subject to separate sentences for multiple convictions under 75 Pa.C.S. §3802(d)(1). The superior court vacated defendant's judgment of sentence in part.

  • Zitney v. Wyeth LLC

    Publication Date: 2020-12-14
    Practice Area: Personal Injury
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1351

    Trial court properly entered summary judgment in favor of defendant drug manufacturers in appellants' action alleging a failure to warn of possible drug side effects because appellants conceded manufacturers fulfilled their duty to provide content-appropriate warning labels in the drug packaging and Pennsylvania law did not impose the heightened duty of a "Dear Health Care Provider" letter to individual doctors as appellants argued. Affirmed.

  • Matthews v. Prospect Crozer, LLC

    Publication Date: 2020-12-07
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1327

    Plaintiff's negligence claim failed where there was no evidence defendants undertook an ongoing duty to perform inspection and maintenance of a property whose defective condition caused plaintiff's injury. Order of the trial court affirmed.

  • Denelle v. Denelle

    Publication Date: 2020-12-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1318

    The record supported the trial court's conclusion that the putative parent did not actually sign the acknowledgment of paternity offered at trial and, thus, she was not legally bound by the statutory requirements of 23 Pa. C.S. §5103 or obligated to pay child support. The superior court affirmed an order dismissing mother's support complaint.