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  • Circle K, Inc. v. Webster

    Publication Date: 2021-06-14
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0679

    Trial court properly granted summary judgment to husband and wife in appellant's action over its right of first refusal for a property they gifted to an inter vivos trust for $1.00 because the ROFR was not triggered. Affirmed.

  • Rivers End Animal Sanctuary & Learning Ctr. Inc. v. Eckhart

    Publication Date: 2021-05-24
    Practice Area: Civil Procedure
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0582

    Trial court erred in opening default judgment because defendant failed to establish a meritorious defense and violated rule 237.3 by failing to attach preliminary objections or an answer to petition to open default. Order reversed and subsequent orders vacated.

  • The Bert Co. v. Turk

    Publication Date: 2021-05-24
    Practice Area: Damages
    Industry: Financial Services and Banking | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0568

    Addressing an issue of first impression, the superior court rejected defendants' claim that a $2.8 million punitive damages award violated due process as the court was persuaded by precedent that the computation of damages ratios in multi-defendant cases are on a per-defendant basis, rather than by aggregating all compensatory and punitive damages on a per-judgment basis. The appellate court affirmed.

  • Assocs. of Chapman Lake v. Long

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0493

    Condemnation action that expressly granted predecessors riparian rights to a non-navigable lake meant that owner of parcels beneath the lake could not interfere with the right of successors to those riparian rights to quiet enjoyment and use of the lake's waters. Order of the trial court reversed.

  • In re: Adoption of A.H.

    Publication Date: 2021-03-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0267

    The record supported a lower court order terminating mother's parental rights, pursuant to §2511(a)(2) of the Adoption Act, where her mental health disabilities rendered her incapable of parenting her minor son and mother refused to meaningfully treat those mental health conditions in order to remedy her parental incapacity. The superior court affirmed.

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  • Dockery v. Thomas Jefferson Univ. Hosp., Inc.

    Publication Date: 2021-03-08
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0248

    Equal protection challenge to medical malpractice venue statute failed where plaintiff failed to demonstrate that the legislature and court lacked any legitimate interest in restricting venue in medical malpractice cases to the county where the cause of action arose. Order of the trial court affirmed.

  • Commonwealth v. Felder

    Publication Date: 2021-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0211

    Where the trial court acted within its discretion when it denied defendant's motion for a new trial based on alleged after discovered evidence, the appellate court refused to usurp the trial court's discretional ruling on appeal. The superior court affirmed.

  • Commonwealth v. Bennett

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0096

    Paying traffic ticket fine was insufficient to trigger the compulsory joinder rule since it did not constitute a "former prosecution" and as such the trial court properly refused to dismiss other felony charges arising from the same incident. Order of the trial court affirmed, case remanded for further proceedings.

  • Commonwealth v. Friedland

    Publication Date: 2020-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1409

    PCRA court properly exercised discretion to deny request for appointment of counsel after defendant had validly waived right to counsel, when the request came only after the PCRA court gave notice of its intent to dismiss the PCRA petition without an evidentiary hearing. Order of the PCRA court affirmed.

  • Commonwealth v. Santana

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1185

    Trial court erred in convicting defendant for failing to comply with SORNA registration requirements where defendant's criminal offense took place nearly 30 years prior to the adoption of SORNA, such that application of SORNA constituted an ex post facto violation. Judgment of sentence vacated, conviction reversed.