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  • Commonwealth v. Smith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 315 MDA 2023

    Court affirmed grant of suppression motion where commonwealth waived arguments against suppression by failing to raise them in its initial opposition brief. Order of the trial court affirmed.

  • Commonwealth v. Banniger

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1612 EDA 2022

    Totality of circumstances, including the parties' familial relationship, the use of controlled substances, and the victim becoming paralyzed with fear after waking up during the sexual assaults, were sufficient to find that defendant acted with forcible compulsion by overcoming the victim's will and causing her to submit to the assault. Judgment of sentence affirmed.

  • Commonwealth v. Fisher

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 351 MDA 2023

    Traffic stop detainee's persistent noncompliant behavior was solely responsible for prolonging a traffic stop for an equipment violation for over an hour, exposing everyone at the scene of the stop to the risk of an accident with passing traffic, which was sufficient to convict defendant for disorderly conduct. Judgment of conviction affirmed, judgment of sentence vacated and remanded.

  • In the Interest of: M.M.

    Publication Date: 2023-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 439 EDA 2023

    Trial court lacked jurisdiction to use dependency adjudication to upgrade non-parent's child abuse report from indicated to founded since the non-parent was not a party to the dependency proceedings. Order of the trial court vacated in part.

  • Carrero v. Lopez

    Publication Date: 2023-08-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1606 MDA 2022

    Trial court abused discretion in denying relocation petition by focusing solely on father's relationship with children and making no findings concerning primary custodial mother's relationship and ignoring substantial benefits mother would have from relocation that would flow to the children. Order of the trial court vacated, case remanded.

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  • Halpern v. Ricoh U.S.A., Inc.

    Publication Date: 2023-08-14
    Practice Area: Consumer Protection
    Industry: Consumer Products | Manufacturing
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 226 EDA 2023

    Trial court erred in dismissing plaintiff's putative class action under the Pennsylvania Uniform Trade Practices and Consumer Protection Law based on plaintiff's failure to plead "any false or deceptive statements" because lack of such statement did not defeat a claim for relief under the CPL-catch-all provision but plaintiff's action based on deception by omission failed because he failed to plead and prove a duty to disclose. Affirmed.

  • White v. Malecki

    Publication Date: 2023-07-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1548 MDA 2022

    Trial court properly awarded father primary custody and granted father's request to relocate child to his home in Germany but abused its discretion in obligating mother to pay for nearly all of child's transportation costs in order to exercise her partial custody. Affirmed in part and vacated in part.

  • Commonwealth v. Berrios

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1094 MDA 2022

    Open lewdness statute was not unconstitutionally vague where defendant's statements upon being confronted by law enforcement indicated she knew that exposing her breasts was illegal, as the statute implicitly excluded breastfeeding from criminal liability. Judgment of sentence affirmed.

  • Elite Care, Rx, LLC v. Premier Comp Solutions, LLC

    Publication Date: 2023-06-12
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1144 WDA 2020

    Trial court properly overruled workers' compensation insurers' preliminary objections to healthcare providers' billing agent's lawsuit, since the Bureau of Workers' Compensation lacked jurisdiction to hear the billing agent's fraud claims against the insurers. Order of the trial court affirmed.

  • Commonwealth v. Santiago

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 940 EDA 2022

    Concussion constituted a serious bodily injury supporting a conviction for aggravated assault where the victim suffered symptoms of confusion, visual changes, disorientation, and migraines for several weeks following the assault. Judgment of sentence affirmed.