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  • Humphrey v. GlaxoSmithKline PLC

    Publication Date: 2021-09-20
    Practice Area: Dispute Resolution
    Industry: Consulting | Pharmaceuticals
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1078

    Trial court properly declined to order arbitration in plaintiffs' action against appellant because no party to the litigation was a signatory to the consultancy agreement that contained the arbitration clause, Pennsylvania did not recognize an independent "obvious and close nexus" doctrine and appellant did not claim plaintiffs received any benefit under the consultancy agreement. Affirmed.

  • Commonwealth v. Simmons

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1019

    Trial court could not revoke a concurrent sentence of probation that had not yet started when defendant committed new criminal offenses. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Munson

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0987

    The trial court erred in finding that the commonwealth failed to establish a prima facie case of animal cruelty and related charges where the evidence established that defendant was present at the location of a dog fight and other evidence supported a reasonable inference that he received cash for participating in, or possessed cash for wagering on, that dogfight. The superior court reversed and remanded.

  • El-Gharbaoui v. Ajayi

    Publication Date: 2021-08-09
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0914

    Contractor and Subcontractor Payment Act applied to construction on mixed-use structures including those that contained less than six residential units. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Commonwealth v. McGrath

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0797

    Sentence that offered juvenile offender the opportunity for parole at age 65 meant that offender had meaningful opportunity for release, and therefore the sentence did not constitute a de facto life without parole sentence, regardless of the offender's intellectual disabilities. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Commonwealth v. Malloy

    Publication Date: 2021-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0574

    Police could not conduct separate investigation of vehicle passenger's authority to possess a firearm during a stop of a vehicle for a motor vehicle code violation. Order of the trial court vacated, case remanded.

  • Young v. John E. Lippl

    Publication Date: 2021-04-12
    Practice Area: Legal Malpractice
    Industry: Construction | Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0400

    Parties cross-appealed verdict in favor of plaintiff in legal malpractice action arising from her action against construction company over home and court found plaintiff's former husband was not an indispensable party, there was sufficient evidence to allow jury to find defendant's legal negligence was the proximate cause of plaintiff's failure to prevail against construction company, one satisfaction rule prevented plaintiff from recovering more than once for claims centered on defective foundation construction and plaintiff was enti

  • Sayers v. Heritage Valley Med. Group, Inc.

    Publication Date: 2021-03-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0340

    Trial court properly dismissed appellants' medical malpractice action on statute of limitations grounds even though appellees raised the issue in their preliminary objections instead of in new matter. Affirmed.

  • In re S.C.

    Publication Date: 2021-03-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0339

    Trial court erred in denying termination of parental rights where infant had broken bones and other injuries and parents provided no plausible explanation for how injuries happened because trial court failed to consider the safety needs of child as well as the love, comfort, security and stability provided by grandparents and the importance of continuing child's relationship with grandparents. Vacated.

  • Commonwealth v. Hawkins

    Publication Date: 2020-12-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1376

    Defendant's PCRA petition failed where he failed to present as a witness the apartment building resident who allegedly consented to police entry and where police observed a "recent physical injury" to support defendant's warrantless arrest. Order of the PCRA court affirmed.