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Publication Date: 2020-06-15
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
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for defendant:
Case Number: 20-0603
The trial court erred in finding defendant guilty of driving under the influence-metabolite under 75 Pa.C.S. §3802(d)(1)(iii) where he had a medical prescription for Fentanyl due to surgery and, thus, lawfully had resulting metabolites in his bloodstream. The superior court vacated defendant's judgment of sentence.
Publication Date: 2020-05-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Northampton County
Judge: Judge Murray
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Case Number: 20-0444
The court denied defendant physician's motion for summary judgment, because genuine issues of material fact existed regarding matters associated with a collaboration agreement between the physician and a nurse practitioner.
Publication Date: 2020-04-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0427
The trial court erred in revoking defendant's probation based on his failure to pay court costs since the costs were not part of defendant's sentence but merely incidental to the judgment imposed. The superior court vacated defendant's judgment of sentence and remanded.
Publication Date: 2020-04-20
Practice Area: Contractual Disputes
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0418
Trial court erred in granting a permanent injunction and in allowing appellee to restrict appellant's access to a building under its lease and court reversed to the extent the order permitted appellee to impose restrictions on appellant's contractual "24/7" right of access. Affirmed in part and reversed in part.
Publication Date: 2020-04-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 20-0386
Addressing an issue of first impression, the superior court concluded that absent clear authority or a contrary directive by the state's high court, Chapter 3 of the Rules of Criminal Procedure does not govern Veterans Treatment Court. The superior court affirmed defendant's judgment of sentence.
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Publication Date: 2020-01-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
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Case Number: 20-0008
Conviction for patronizing a victim of sexual servitude and concealment of the whereabouts of child affirmed where evidence demonstrated defendant knew victim was a minor "runaway" who was being sexually trafficked and kept the victim in his home for several weeks without making attempts to return her home or contact law enforcement. Judgment of sentence affirmed.
Publication Date: 2019-11-25
Practice Area: Real Estate
Industry: Construction
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1380
Trial court properly held LLC home-builder and its principal jointly and severally liable for warranty and Unfair Trade Practices and Consumer Protection Law violations where record supported finding that defendants failed to remedy home defects they were provided timely notice of and misrepresented the quality of the home they sold to plaintiffs. Judgment affirmed.
Publication Date: 2019-10-21
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1240
Trial court erred in denying appellants' motion for JNOV in plaintiff's personal injury action for injuries caused by opposing fans at a football stadium because property owners were liable to business invitees for harm caused by the foreseeable criminal actions of third parties and record did not support trial court's conclusion that appellants were on notice that violent assaults occurred in the restrooms. Reversed and vacated.
Publication Date: 2019-10-21
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 19-1239
Trial court correctly refused to charge the jury on 75 Pa. C.S.A. §3321 of the motor vehicle code in bicyclist's action against driver after they collided in an intersection because appellant's admitted violation of §3323(b) forfeited his right-of-way proscribed by §3321 and thus §3321 was inapplicable. Affirmed.
Publication Date: 2019-09-09
Practice Area: Dispute Resolution
Industry: Construction
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1061
Trial courts properly denied appellant builder's petition to compel arbitration in subsequent homeowners' actions for construction defects, unfair trade practices, negligent misrepresentation, fraud and negligence because the plain language of the warranty required a subsequent owner to execute a specific acknowledgement and assignment form, none of the subsequent homeowners had done so and there was no valid agreement compelling them to arbitrate. Affirmed.
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