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  • Chevalier et al v. General Nutrition Centers, Inc. et al

    Publication Date: 2018-01-30
    Practice Area: Class Actions | Labor Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0057

    The defendant employer did not violate the Pennsylvania Minimum Wage Act by calculating the plaintiffs overtime compensation using a fluctuating workweek method, but did violate the law by paying plaintiffs and other managers an overtime premium of only one-half of their the regular rate. The appellate court affirmed the trial courts judgment in part and reversed in part.

  • In the Interest of: L.B., a minor

    Publication Date: 2018-01-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0067

    Mothers prenatal drug abuse could serve as predicate act of child abuse if proven that drug use intentionally, knowingly, or recklessly caused or created reasonable likelihood of bodily injury to unborn child once born. Order of the trial court reversed, case remanded.

  • Commonwealth v. Mackey

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0026

    Trial court erred in denying appellants motion to suppress evidence of a gun because when police responded to an anonymous tip about a man on a bus with a gun, officer lacked reasonable suspicion to take appellant off bus and frisk him since officer had no support for the tipsters assertion. Judgment vacated.

  • Hornberger v. Dave Gutelius Excavating, Inc.

    Publication Date: 2018-01-16
    Practice Area: Corporate Entities
    Industry: Construction
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0021

    Shareholders agreements inclusion of mandatory adjustments to valuation of employee share redemption price did not preclude application of accounting industry standard adjustments and discounts. Judgment affirmed.

  • In Re: S.M.

    Publication Date: 2018-01-16
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0024

    Order for continued involuntary commitment reversed where the certified record contained insufficient evidence to support the initial involuntary commitment, and where evidence of behavior during commitment was insufficient to support a finding that the committed individual would pose a danger to herself or others without continued commitment. Order of the trial court reversed.

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  • Commonwealth v. Scott

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Regulation
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1900

    Trial court erred in treating unlicensed concealment of firearm as strict liability offense, when statute required a culpable mental state. Judgment of sentence reversed, case remanded for new trial.

  • In Re G.J.K. &Sons, LLC

    Publication Date: 2018-01-02
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1891

    Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.

  • Waldron Elec. Heating and Cooling, Inc. v. Caseber

    Publication Date: 2017-12-05
    Practice Area: Consumer Protection
    Industry: Construction
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1779

    Trial court erred in finding that electrician was barred from asserting a claim for the reasonable value of services under §517.7(g) of the home improvements consumer protection act where the defendant cancelled the contract within the required three days but electrician had already completed the work, because under the plain language of §517.7(g), a contractor who complied with §517.7(a) was not precluded from asserting a claim for the reasonable value of services performed but trial court correctly allowed defendant to testify as to

  • Commonwealth v. Murray

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1764

    The U.S. Supreme Courts decision in Riley v. California, 134 S.Ct. 2473 (2014), holding that the Fourth Amendment generally requires police to obtain a warrant before searching a suspects cell phone incident to an arrest, did not apply to defendant, who was on parolee at the time of the challenged search. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Sales

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1702

    Defendant was erroneously convicted of driving while commercial operating privileges suspended, where commonwealth failed to prove that defendant had actual notice, under the standards of the licensing state, of the suspension of privileges. Judgment of sentence reversed.