• American Express Bank, FSB v. Martin et al

    Publication Date: 2018-09-18
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1102

    While defendant's appeal from an order dismissing his consumer protection counterclaim was properly before the appellate court under Pa.R.Civ.P. 232, the appeal lacked merit since the mere acquisition of counsel does not satisfy the "ascertainable loss" requirement for a claim under the Unfair Trade Practices and Consumer Protection Law. The appellate court affirmed in part and dismissed defendant's appeal as moot.

  • Thomas v. Thomas

    Publication Date: 2018-08-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0987

    Trial court properly found husband in civil contempt of its order requiring him to make payments to wife under the parties' equitable dis-tribution agreements and properly imposed sanctions in the form of counsel fees in favor of wife because wife showed husband had notice of the order, he had the ability to pay and he chose not to do so and husband's arguments about wife's allegedly false testimony at an earlier hearing were not before the court since he had squandered his opportunity for appellate review of those claims by failing t

  • In re: Estate of Rivera

    Publication Date: 2018-08-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0976

    Spouse not entitled to spousal share of real properties transferred by deceased spouse in the year prior to decedent's death where properties previously titled solely in decedent's name and spouse failed to present any evidence properties were legally acquired by spouse and decedent as tenants by the entireties. Decree of the orphans' court affirmed.

  • Commonwealth v. Karner

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0924

    Trial court properly dismissed charges of homicide by vehicle (non-DUI) and aggravated assault by vehicle (non-DUI) in automobile accident that injured driver and killed passenger in other car because the commonwealth failed to produce any evidence that appellee acted with criminal recklessness or gross negligence. Affirmed.

  • Knopick v. Boyle

    Publication Date: 2018-06-12
    Practice Area: Evidence
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0667

    Trial court properly ordered appellant to disclose an email a non-party sent to himself on his personal email because appellant lacked standing to assert the ordered disclosure was privileged since the attorney-client privilege belonged to the non-party, not to appellant. Affirmed.

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  • G&G Invrs, LLC v. Phillips Simmons Real Estate Holdings

    Publication Date: 2018-04-17
    Practice Area: Civil Appeals | Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0449

    Conservatorship hearing, where parties introduced documentary evidence and elicited witness testimony, sufficiently similar to a traditional trial that appellants failure to file post-trial motions resulted in waiver of appellate issues. Order of the trial court affirmed.

  • Griest v. Griest

    Publication Date: 2018-04-10
    Practice Area: Dispute Resolution | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0422

    Arbitration clause concerning one parcel of property could subject other intertwined properties to arbitration as well, where adjudication of all claims in one forum was preferred to avoid conflicting or duplicative results or awards. Order of the trial court reversed.

  • Consol. Rail. Corp. v. Ace Prop. & Cas. Ins. Co.

    Publication Date: 2018-04-10
    Practice Area: Insurance Law
    Industry: Cargo and Shipping
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0421

    Environmental contamination costs excluded from coverage where insured could not prove it was source of contamination, or whether the contamination occurred outside the term of the relevant policies, or where such costs were in the form of civil penalties. Orders of the trial court affirmed in part and reversed in part.

  • Commonwealth v. Moriarty

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0324

    Counsel ineffective for advising offender to proceeding to parole revocation hearing prior to trail on new charges to secure work release, where offender may have been ineligible for work release, and was ultimately acquitted on new charges. Order of the PCRA court reversed, revocation sentence vacated.

  • Commonwealth v. Rivera-Figueroa

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1765

    The appellate court granted defendant, a sex offender, the opportunity to seek relief under the holding in Commonwealth v. Muniz, which found the Sexual Offender Registration and Notification Act unconstitutional, because the holding created a substantive rule that retroactively applied in the collateral context. The court affirmed defendants judgment of sentence.