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  • Anthony v. Parx Casino et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Corporate Entities | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0783

    A corporation is not subject to venue based solely on the business activities of a sister corporation in the jurisdiction in question; therefore, the trial court did not abuse its discretion in sustaining the defendant casino's preliminary objections challenging venue in Philadelphia County. The appellate court affirmed the trial court's order transferring venue.

  • Commonwealth v. Hewlett

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0756

    Testimony that defendant adopted a fighting stance, threw punches, and tossed a police officer near a glass table sufficient evidence to support conviction for aggravated assault of a police officer. Judgment of sentence affirmed.

  • Commonwealth v. Perez

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0757

    Commonwealth's appeal from dismissal of criminal charges quashed as interlocutory where trial court did not dismiss with prejudice and where commonwealth asserted evidence to establish prima facie case, permitting the commonwealth to refile charges. Appeal quashed.

  • Commonwealth v. Kane

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0685

    Quashal was properly denied where special prosecutor specifically authorized to utilize grand jury and to issue a presentment for perjury and related charges. Judgment of sentence affirmed.

  • In the Interest of: N.M., a minor

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0605

    Orders denying kinship care and involuntarily terminated parental rights reversed where parents complied with service plan goals and where there was no record evidence to find that kinship care would place child at risk, but was instead motivated by trial court's desire to have parents admit to child abuse rather than proper purpose of maintaining family unity. Orders of the trial court reversed, case remanded.

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  • Commonwealth v. Mock

    Publication Date: 2018-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0503

    Trial court could consider prior DUI offense for grading and sentencing where disposition of prior offense occurred within statutory 10-year lookback period, even if the prior offense was committed outside the lookback period, as the term prior offense referred to the disposition rather than commission of offense. Judgment of sentence affirmed.

  • Commonwealth v. Giles

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0384

    The trial court did not err in allowing the commonwealth to admit a video of the victims forensic interview as a prior consistent statement where the victim was subjected to extensive cross-examination to discredit her recollection and the interview was admitted to corroborate her impeached testimony. The appellate court affirmed a trial court order denying defendant relief.

  • Tincher v. Omega Flex, Inc.

    Publication Date: 2018-03-06
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0230

    Trial court erred in denying a retrial after the Supreme Court overruled the jury charge in the case and established a new two-part defect test regarding defective products. Vacated.

  • Rutyna v. Schweers

    Publication Date: 2018-01-30
    Practice Area: Expert Witnesses | Legal Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0036

    Trial court abused its discretion in denying appellants request for a continuance after appellants found out that their expert witness was unable to testify less than three weeks before trial and they were unable to secure a competent witness who would have sufficient time to prepare his testimony for trial because the trial court thus determined the outcome of appellants case. Reversed.

  • In Re: Estate of Scarpaci

    Publication Date: 2018-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0066

    Pending divorce action was not a basis for forfeiture of spousal share where grounds for divorce had not been establish where decedent had not filed his affidavit of consent to no-fault divorce, and where decedents removal from marital residence was not spouses refusal to support. Order of the orphans court reversed.