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  • McGoldrick v. Murphy

    Publication Date: 2020-02-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0158

    Former fianc who fronted down payment for proposed marital home was entitled to recover proceeds from agreed-upon sale where the sale extinguished the parties' interest before a Part 1 order and where the down payment constituted a conditional gift in contemplation of marriage. Order of the trial court affirmed.

  • Commonwealth v. Haines

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1320

    Defendant convicted as adult could not be subject to lifetime sex offender registration requirement where underlying criminal conduct was committed when defendant was a juvenile because due process prohibited applying irrebuttable presumption of risk of sexual reoffending against juveniles. Judgment of sentence vacated in part and affirmed in part.

  • Corey v. Wilkes Barre Hosp. Co., LLC

    Publication Date: 2019-10-07
    Practice Area: Discovery | Medical Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1166

    Spouse asserting loss of consortium claim could not assert attorney-client privilege to preclude production of privileged documents from her divorce counsel since assertion of the claim placed the state of her marriage and her divorce at issue. Order of the trial court affirmed.

  • Brown v. Quest Diagnostics Clinical Lab., Inc.

    Publication Date: 2019-05-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0582

    The trial court abused its discretion when it granted defendant's request to abate and dismiss the decedent's medical malpractice cause of action since appellant's motion to substitute plaintiff was not governed by the time limitations set forth in 20 Pa.C.S. §3375. The appellate court reversed and remanded.

  • Raynor v. D'Annunzio

    Publication Date: 2019-03-25
    Practice Area: Civil Procedure
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0328

    Trial court erred in holding that appellees' civil contempt action was not a civil proceeding as contemplated by the Dragonetti act and that appellants did not have standing because a contempt proceeding did represent a "procurement, initiation, or continuation of civil proceedings" as contemplated by the Dragonetti act and appellants had standing. Affirmed in part and reversed in part.

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  • Commonwealth v. Landis

    Publication Date: 2019-01-15
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0016

    The trial court did not err in ruling that the reinstatement of a third-degree murder charge against defendant was barred on retrial by double jeopardy or laches even though the underlying verdict was inconsistent. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Tinsley

    Publication Date: 2018-12-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1526

    The trial court properly dismissed defendant's petition for relief under the Post Conviction Relief Act since defendant became ineligible for such relief as soon as he completed his sentence, regardless of whether he was serving his sentence when he filed the petition. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Chesney

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1193

    The trial court erred in failing to suppress evidence seized from defendant's car during a warrantless search of the vehicle given recent precedent on the federal automobile exception and the commonwealth's failure to establish that probable cause existed to search the vehicle without a warrant. The appellate court reversed an order denying suppression.

  • Kibler v. Blue Knob Recreation, Inc.

    Publication Date: 2018-05-01
    Practice Area: Contracts | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0502

    Exculpatory clause released ski resort from injury caused by wheel ruts on ski slope, where such hazards were an inherent risk of skiing and where resorts creation of such ruts did not rise to level of gross negligence or recklessness. Order of the trial court affirmed.

  • Commonwealth v. Patterson

    Publication Date: 2018-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0202

    In this case of first impression, the appellate court found that the trial court did not abuse its discretion when it ordered defendant to be shackled during the viewing of the crime scene for reasons of safety and security. The appellate court affirmed defendants judgment of sentence.