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  • Cragle v. O'Brien

    Publication Date: 2020-01-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1513

    Medical malpractice plaintiff was not entitled to adverse inference instruction where plaintiff failed to expressly ask for altered/destroyed record instruction and where both parties agreed that the events described in allegedly-altered portions of records did not happen. Judgment affirmed.

  • Smith v. Cordero

    Publication Date: 2019-12-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1401

    Trial court erred in denying estate's motion to strike two jurors in a medical malpractice case where voir dire was conducted by court clerk and jurors expressed the view that medical malpractice suits had affected the cost and availability of medical services. Judgment vacated.

  • Commonwealth v. Knecht

    Publication Date: 2019-09-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1135

    The "retroactive right" timeliness exception did not apply to defendant's untimely PCRA petition since neither the state's high court nor the U.S. Supreme Court has held that the right at issue, application of Pennsylvania's Sex Offender Registration Act as interpreted in Commonwealth v. Muniz, applied retroactively. The appellate court affirmed the denial of post-conviction relief and granting counsel's petition to withdraw.

  • Commonwealth v. Knox

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1138

    The trial court did not err in denying defendant's motion to suppress his statement to police where the commonwealth established defendant's knowing and intelligent waiver of his Miranda rights, even though he had at one point been found incompetent to stand trial. The appellate court affirmed defendant's judgment of sentence.

  • Delta Health Tech., LLC v. Companions and Homemakers, Inc.

    Publication Date: 2019-09-16
    Practice Area: Contracts
    Industry: Health Care | Software
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1082

    Personal jurisdiction proper where customer came to in-person meetings in Pennsylvania and accessed subscription software created by Pennsylvania company and loaded onto servers located in Pennsylvania and maintained from the company's Pennsylvania headquarters. Order of the trial court affirmed.

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  • Commonwealth v. Miller

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1093

    The evidence of record was sufficient to sustain defendant's conviction for aggravated assault as the jury was free to believe that defendant meant what he repeatedly said to the victim when he threated to shoot and kill him while simultaneously pointing a gun at his head. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Kennedy

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1092

    No double jeopardy violation where the trial court sua sponte declared a mistrial in the first trial after the jury was confronted by defendant's girlfriend, who was a potential defense witness, after which jurors expressed feeling intimidated and noted their concerns over whether they could fairly judge her credibility if she testified. Order of the trial court affirmed.

  • Commonwealth v. Bankhead

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1058

    PCRA petition was untimely where repeated prison lockdowns that prevented inmate's access to prison library did not constitute governmental interference for purposes of statutory exception to PCRA time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Rose

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0994

    Trial court did not err in declining to instruct the jury that defendant in a welfare fraud case had to have intent to defraud where the welfare fraud statute's text included no requirement that an offender have intent to defraud. Judgment of sentence affirmed.

  • D.R.L. v. K.L.C.

    Publication Date: 2019-08-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0943

    Trial court properly overruled grandparents' exceptions to custody order where trial court thoroughly addressed statutory best interest factors and properly considered mother's concern with grandparents' interference into parenting issues. Order of the trial court affirmed.