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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.
Publication Date: 2021-10-18
Practice Area: Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1205
Appellants, LLCs and doctor, appealed the verdict and $10 million jury award in wrongful death action and court found trial court properly ruled Ohio divorce decree and protection from abuse order wife had against plaintiff were not properly authenticated and limited testimony on the subject and $10 million wrongful death award was not excessive. Affirmed.
Publication Date: 2021-05-31
Practice Area: Wrongful Death
Industry: Retail
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0606
Trial court erred in permitting jury to determine whether or not defendant was negligent since he had been criminally convicted of voluntary manslaughter in killing decedents on defendant's father's property but did not err in allowing jury to determine whether gun shop was liable, in directing a verdict in favor of defendant's father or in allowing jury to determine whether decedents were comparatively negligent. Vacated and remanded.
Publication Date: 2021-03-22
Practice Area: Products Liability
Industry: Consumer Products
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0303
Trial court abused its discretion in sustaining preliminary objections to venue based solely on defendant multinational corporation's sales in the county, where other factors established continuous and systematic contacts with the county to support the exercise of venue. Order of the trial court reversed, case remanded.
Publication Date: 2020-12-07
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1325
Trial court erred in dismissing trespass/nuisance case on statute of limitations grounds where damage to plaintiffs' property was caused by trees that would continue to cause damage until removed and therefore constituted a continuing nuisance. Order of the trial court reversed, case remanded.
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Publication Date: 2020-11-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1239
The commonwealth's evidence, including testimony that defendant repeated himself, refused to undergo field sobriety tests and had trouble finding his driving-related documents, supported a finding beyond a reasonable doubt that defendant was operating a motor vehicle after imbibing an amount of alcohol that made it unsafe for him to do so. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-11-09
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1210
Defendant's claim that the trial court sentenced him above the sentencing guidelines without considering the appropriate factors failed where the court explained that it imposed such a sentence in order to adequately protect the public and vindicate the harm defendant caused to the community by dealing in heroin laced with Fentanyl. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-10-26
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1156
The trial court properly excluded evidence of defendant's pre-arrest breath test results given the unreliable nature of such results and the fact that excluding such evidence did not interfere with defendant's presentation of his voluntary intoxication defense in this first-degree murder case. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-10-19
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1140
Orphans' court did not abuse its discretion in allowing widow to revoke her spousal election to take against decedent's will where executrix of estate challenged widow's withdrawal of her election years after she made the election because there was no set deadline for such a revocation, widow did not have full knowledge of the facts when she made her election and the delay did not prejudice anyone. Affirmed.
Publication Date: 2020-09-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1048
Since 75 Pa.C.S. §3334 requires drivers to use a turn signal when moving from one lane of traffic to another, the suppression court erred in determining that police lacked probable cause to stop defendant's vehicle after observing him changing lanes without signaling. The appellate court reversed and remanded.
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