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  • 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.

  • Commonwealth v. James

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 822 EDA 2022

    Statutory prohibition on the release of medical records relating to communicable diseases by state and local health authorities did not apply to prison medical records as the department of prisons did not qualify as a state health authority. Order of the trial court affirmed.

  • Ehmer v. Maxim Crane Works, L.P.

    Publication Date: 2023-06-26
    Practice Area: Motor Vehicle Torts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2431 EDA 2022

    Trial court erred in transferring venue where defendant failed to present evidence demonstrating that continuing the case in the present district would be oppressive or vexatious or would prevent defendant from presenting an effective defense due to the unavailability of key witnesses. Order of the trial court reversed.

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  • Commonwealth v. Perkins

    Publication Date: 2023-04-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2191 EDA 2021

    Trial court erred in finding defendant in direct criminal contempt where defendant threatened a witness outside of the courtroom and out of the presence of the trial judge. Conviction and judgment of sentence vacated.

  • Commonwealth v. Stoops

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 459 MDA 2022

    The trial court did not err in ordering defendant to pay restitution as part of his sentence resulting from an unlawful car chase where defendant's flight from police was the but-for cause of the damage to police vehicles. The appellate court affirmed.

  • Commonwealth v. Journo

    Publication Date: 2023-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1351 WDA 2021

    Rule of Specialty did not bar prosecution of offenses other than the specific offense that defendant was extradited for, where those other offenses arose from the same criminal conduct as the extraditing offense and the extraditing country expressly stated that it did not object to prosecution. Judgment of sentence affirmed.

  • In re Adoption of K.E.G.

    Publication Date: 2023-01-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1088 MDA 2022

    Mother appealed denial of her petition to terminate father's parental rights and court found trial court's failure to appoint an attorney to represent child's legal interests constituted structural error. Vacated and remanded.

  • Iron City Constr. Inc. v. Westmoreland Wooded Acres Inc.

    Publication Date: 2023-01-23
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 161 WDA 2022

    Denial of petition to strike lis pendens was not an appealable order as it did not impair property rights and therefore did not fall within the collateral order doctrine. Appeal quashed.