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  • 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.

  • Crespo v. Hughes

    Publication Date: 2023-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | Legal Services
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1313 EDA 2022

    Trial court erred in denying as moot motion to compel compliance with charging order based solely on the prior judge's recusal from the matter, as recusal had no effect on the live controversy between the parties. Order of the trial court vacated, case remanded.

  • Commonwealth v. Roberts

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 301 WDA 2022

    Defendant subject to lifetime registration under prior registration scheme could be convicted of failing to comply with Sex Offender Registration and Notification Act where lifetime obligation continued under the statute and defendant knew he had not updated his registration. Judgment of sentence affirmed.

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  • Commonwealth v. Smith

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1185 WDA 2021

    Rules of criminal procedure required dismissal of vehicle code infraction case due to citing officer's failure to appear for trial de novo, even though defendant also failed to appear. Judgment of conviction and sentence vacated, case dismissed.

  • Commonwealth v. Coniker

    Publication Date: 2023-03-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23 WDA 2022

    Harassment conviction sustained where there was sufficient evidence to find that defendant had communicated threats of violence with weapons that caused the lockdown of a court office and also caused law firm office staff to flee their office. Judgment of sentence affirmed in part, vacated and reversed in part.

  • Commonwealth v. Lear

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 700 EDA 2022

    Trial court erred in denying Rule 600 motion to dismiss based on judicial emergency orders, where several of the orders expressly declared a court postponement, requiring the trial court to determine whether the commonwealth exercised diligence in bringing defendant to trial. Denial of motion to suppress affirmed, case remanded for new Rule 600 hearing.

  • Smith v. O'Brien

    Publication Date: 2023-02-06
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 837 EDA 2022

    Defendant appealed a discovery order directing her to disclose a conversation with her deceased husband and court found the discovery order did not satisfy the second and third prongs of the collateral-order doctrine because no harm or discord could befall a marriage that no longer existed. Appeal quashed.

  • Page Publ'g, Inc. v. Hemmerich

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 289 WDA 2022

    Trial court properly ruled sua sponte that it lacked subject matter jurisdiction because there was no dispute between the parties in publisher's declaratory judgment action against author asserting an arbitration clause required author to pursue any potential breach of contract claims before an arbitrator. Affirmed.