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Publication Date: 2020-01-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
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
Attorneys: For plaintiff:
for defendant:
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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for defendant:
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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for defendant:
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.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-09-02
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1029
Trial court erred by deeming federal judge's Section 80 income marital property subject to equitable distribution where there was insufficient evidence to determine whether it qualified as income or retirement benefits subject to equitable distribution. Order of the trial court reversed in part and affirmed in part, case remanded.
Publication Date: 2019-08-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
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Case Number: 19-0990
The appellate court lacked jurisdiction to hearing the commonwealth's appeal where its notice of appeal did not contain a statement certifying that the suppression order appealed from would terminate or substantially handicap the prosecution as required by Pa.R.App.P. 311(d). The appellate court quashed the commonwealth's appeal.
Publication Date: 2019-08-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0991
Pursuant to Pa.R.App.P. 341(a) and the bright line rule for its application set forth in Commonwealth v. Walker, defendant's failure to file separate notices of appeal for all four docket numbers in each of his related cases required the appellate court to quash his appeal. The appellate court quashed defendant's appeal.
Publication Date: 2019-08-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0965
While both the defendant and his counsel filed separate rule 1925(b) statements of errors complained of on appeal, appellate review was not impeded by hybrid representation under the unique circumstances of this case because the filings were complementary rather than competing. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-07-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0873
Pennsylvania law, rather than the law of the jurisdiction where a parent consenting to adoption resided, applied to provide the standards for an enforceable consent to adoption and the standards for a valid revocation of that adoption. Decree affirmed.
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