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Publication Date: 2020-10-12
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1103
Trial court erred in dismissing a motion for relief from lifetime registration requirements under SORNA II as an untimely PCRA motion where registration constituted a non-punitive collateral consequence of conviction and thus did not fall within the scope of the PCRA. Order of the trial court vacated, case remanded for further proceedings.
Publication Date: 2020-09-14
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
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Case Number: 20-0994
Plaintiff's amended complaint seeking to quiet title to certain real property was legally insufficient where the pleading failed to allege that there was a dispute between plaintiff and defendant as to the title of land at issue. The superior court affirmed.
Publication Date: 2020-09-07
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0974
Trial court properly changed child's goal to adoption and involuntarily terminated mother's parental rights because mother's repeated incarceration and continued substance abuse rendered her incapable of parenting child and it was in child's best interests to terminate mother's parental rights since child had been separated from mother for 40 months and had a healthy bond with her long-term foster parents who she viewed as mom and dad. Affirmed.
Publication Date: 2020-06-15
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0620
Orphans' court erred in finding appellee had standing to challenge appellant trustee's account and request for an increase in its fees and to request appointment of a co-trustee because appellant's alleged mismanagement did not cause appelleedirect and immediate harm but she did have standing to challenge appellant's request to divide the trust into two separate trusts. Order reversed in part and affirmed in part.
Publication Date: 2020-05-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Dubow
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Case Number: 20-0510
Trial court properly ordered hospital to produce its event report, serious safety event rating meeting summary, minutes from the patient safety committee, root cause analysis report, quality improvement staff peer review and credentialing in a medical malpractice action because the documents were not protected from disclosure under the Patient Safety Quality Improvement Act and the Peer Review Protection Act. Affirmed.
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Publication Date: 2020-02-24
Practice Area: Evidence | Health Care Law
Industry: Health Care
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0204
Hospital appealed discovery order directing it to produce the unredacted credentialing file for physician and court found trial court properly relied on Reginelli v Boggs, 181 A.3d 293, to order production of the file since the credentialing committee was a "review organization" and the Healthcare Quality Improvement Act also did not preclude production of the file. Affirmed.
Publication Date: 2020-02-03
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0101
The trial court erred in admitting evidence extracted from defendant's cell phone where the search occurred four days after the relevant warrant expired and, thus, police conducted a search of the phone without a valid warrant. The appellate court reversed and remanded.
Publication Date: 2020-01-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0007
Commonwealth presented sufficient evidence for persons not to possess conviction where defendant's obstinate behavior allowed factfinder to infer defendant knew or believed handguns were stolen and to find that defendant was in constructive possession. Judgment of sentence affirmed.
Publication Date: 2020-01-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0004
The sentencing court did not err in allowing the commonwealth to present expert testimony at a resentencing hearing regarding defendant's gang affiliations and activity while in prison since the commonwealth was not required to disclose the names of rebuttal witnesses before knowing whether it needed to produce such rebuttal proof. The appellate court affirmed defendant's sentence.
Publication Date: 2020-01-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0001
The commonwealth produced enough evidence to support a finding that defendant's repeated threats to a school administrator were not spur-of-the-moment threats made as a result of anger and that defendant made a threat to commit a crime of violence with intent to terrorize another or with reckless disregard for the risk of causing terror. The appellate court affirmed the judgment of sentence.
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