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Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry: Construction
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 634 WDA 2021
Trial court held jurisdiction over criminal prosecution for theft by failure to make required disposition of funds based on violations of the Prevailing Wage Act, as only a statute or Supreme Court rule could vest jurisdiction in another court, and the administrative penalties under the PWA did not preempt the imposition of a criminal sentence for theft. Judgment of sentence affirmed.
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 57 MDA 2022
Trial court erroneously granted suppression motion where police had confirmed location of social media video from the property's owner and only discovered the mistaken identification at the suppression hearing. Order of the trial court reversed, case remanded.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 166 MDA 2022
Ineffective assistance of counsel claims were meritless where defendant expressly acknowledged at his plea hearing that he understood there was no guarantee of a particular sentence and that the trial court was not bound by the plea agreement between defendant and the commonwealth. Order of the PCRA court affirmed.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 116 MDA 2022
Sentence above aggravated range was not excessive where trial court expressly considered all information submitted by the parties and found the sentence necessary for the public's protection and defendant's rehabilitative needs, particularly due to the gravity of the offense that involved a violent stabbing during a road rage incident in which defendant left the victim to die at the side of the road. Judgment of sentence affirmed.
Publication Date: 2023-01-09
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
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Case Number: 2185 EDA 2021
Trial court properly applied the entireties presumption and declared the refinanced mortgage remained a lien against the entire property even though wife had not signed that mortgage and court agreed because wife benefitted from the refinanced mortgage and trial court did not err in its reconciling of the statute of frauds with the entireties presumption. Affirmed.
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Publication Date: 2022-10-31
Practice Area: Immigration Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 2474 EDA 2021
Trial court abused its discretion in refusing to issue mother's requested special immigrant juvenile status order for her child and making no factual findings because the federal statutory scheme put the factual determinations necessary for SIJ status solely within the purview of state court. Vacated and remanded.
Publication Date: 2022-09-12
Practice Area: Discovery
Industry: Health Care
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 22-1023
Trial court properly granted plaintiff's motion to compel discovery of a "psychological autopsy" report defendant prepared after prison inmate's suicide because report was not privileged under the Peer Review Protection Act, it was not privileged under Pa.R.Civ.P. 4003.5 and was relevant under rule 4003.1. Affirmed.
Publication Date: 2022-06-27
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
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Case Number: 22-0719
Trial court properly found the exclusivity provision in the Workers' Compensation Act barred plaintiff's negligence and wrongful death action because plaintiff belonged to a class of potential beneficiaries, non-dependent adult children of employees, that the WCA purposefully excluded from recovery. Affirmed.
Publication Date: 2022-06-06
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
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Case Number: 22-0621
Evidence was sufficient for trial court to find defendant had operated a motor vehicle under the influence of alcohol where defendant had highest rate of intoxication and admitted to police that he had driven to the residence where he was arrested and had consumed alcohol, and his vehicle's engine was still warm. Judgment of sentence affirmed.
Publication Date: 2022-03-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0339
Valid description of property in mortgage and proper foreclosure proceedings meant that sheriff had authority to sell the foreclosed property despite an alleged mutual mistake of the parties to the mortgage regarding the mortgaged premises. Order of the trial court affirmed.
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