• Commonwealth v. Hardy

    Publication Date: 2022-04-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0426

    PCRA petition for DNA testing was untimely when filed decades after conviction, where defendant failed to explain how testing of crime scene items, including items already tested during trial, would prove that defendant was not the perpetrator or identify someone else as the perpetrator. Order of the PCRA court affirmed.

  • 9795 Perry Highway Mgmt. LLC v. Bernard

    Publication Date: 2022-04-11
    Practice Area: Landlord Tenant Law
    Industry: Entertainment and Leisure | Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0392

    Trial court properly denied appellants' petition to strike or open the confessed judgment after appellants terminated a commercial lease because state-ordered COVID-19 closures were not a "substantial" frustration of purpose, the closure order was not a "de facto taking" and appellants waived their claim as to defects on the face of the confessed judgment. Affirmed.

  • Commonwealth v. Thomas

    Publication Date: 2022-02-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0225

    Ineffective assistance of counsel claim dismissed where record demonstrated that appellant admitted to being proficient in English and having been advised that there could be immigration consequences to a guilty plea. Order of the PCRA court affirmed.

  • Rudalavage v. PPL Elec. Util. Corp.

    Publication Date: 2022-01-31
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Energy | Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0100

    Appellant appealed trial court's denial of its motion to disqualify law firm representing administrator in action against appellant and court found firm failed to meet its burden to establish compliance with Pa.R.P.C. 1.10(b) and failed to provide appellant with prompt written notice of attorney's conflict of interest in violation of Pa.R.P.C. 1.10(b)(2). Reversed.

  • Darrow v. PPL Elec. Util. Corp.

    Publication Date: 2022-01-03
    Practice Area: Premises Liability
    Industry: Energy | Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1520

    Attorney's conflict of interest from prior representation of defendant imputed to entire firm where the firm had failed to implement a formal, written conflict screening protocol prior to the attorney's arrival to the firm, allowing the attorney to perform substantial work in a case against defendant. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Grajales

    Publication Date: 2021-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1463

    Defendant's appeal challenging probable cause for a warrantless vehicle search and sobriety testing waived where defendant failed to raise the issue in the trial court. Judgment of sentence affirmed.

  • Ratner v. Iron Stone Real Estate Fund, I, L.P.

    Publication Date: 2021-12-13
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1432

    Appellant minority shareholder in defendant limited partnership appealed the order discharging the receiver in a partnership dissolution action and court found trial court abused its discretion in discharging the receiver and court ordered receiver's fees and costs were to be paid from partnership funds. Vacated and remanded.

  • Wiley v. Brooks

    Publication Date: 2021-10-11
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1166

    Trial court properly found against defendants in action over a promissory note because note evidenced an intent to create an instrument under seal, the statute of limitations for sealed instruments applied, the uniform obligations act applied and the note was not unenforceable for lack of consideration. Affirmed.

  • McLaughlin v. Nahata

    Publication Date: 2021-08-16
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0935

    Principal could seek contribution and indemnity for liability of common agent from the agent's actual employer, even though injured party had not sought to impose liability on the employer. Order of the trial court affirmed.

  • Shannon Inv. L.P. v. Joyce Outdoor Advertising Wallscapes, LLC

    Publication Date: 2021-07-19
    Practice Area: Real Estate
    Industry: Advertising
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0816

    Appellant appealed order granting plaintiff's motion to strike appellant's praecipes for writs to join additional defendants in action over billboard on a building and court found the order was interlocutory and non-appealable. Appeal quashed.