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Publication Date: 2018-01-30
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Solano
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for defendant:
Case Number: 18-0059
The trial court did not err in denying defendants motion to dismiss charges based on double jeopardy grounds where the evidence supported the trial courts credibility finding that both the police and prosecutorial misconduct that led to a mistrial was unintentional. The appellate court affirmed the trial courts judgment of sentence.
Publication Date: 2018-01-23
Practice Area: Dispute Resolution | Medical Malpractice | Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge Solano
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Case Number: 18-0064
Trial court erred in compelling arbitration for wrongful death claim where decedents relative did not sign nursing home arbitration agreement in his individual capacity. Judgment vacated, arbitration award vacated in part.
Publication Date: 2018-01-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Solano
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Case Number: 18-0061
Trial court had discretion to deny criminal defense counsels withdrawal where motion was made on eve of trial and prejudiced defendants ability to obtain new counsel and delayed commencement of trial. Order of the trial court affirmed.
Publication Date: 2018-01-23
Practice Area: Civil Appeals | Land Use and Planning | Real Estate
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Solano
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Case Number: 18-0071
Appellees motion to quash appellants appeal failed because the appeal fell within the exception in appellate rule 311(a)(4)(ii) and trial court properly granted a prescriptive easement to appellees for an encroachment on the adjoining landowners land because of the continuous and uninterrupted use of the strip to access appellees land but erred in granting a public prescriptive easement. Affirmed in part and vacated in part.
Publication Date: 2018-01-16
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Solano
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Case Number: 18-0023
Contingent beneficiary lacked standing to force trustee to make trust assets productive, where trust agreement conferred such standing exclusively upon the trusts current beneficiary, and where contingent beneficiary could not access trust property through current beneficiary as a creditor due to trust agreements spendthrift provision. Order of the orphans court affirmed.
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Publication Date: 2018-01-16
Practice Area: Environmental Law
Industry: Construction | Energy
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
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Case Number: 18-0030
Trial court erred in holding that appellants CASPA claims were foreclosed as a matter of law because those claims were never tried before any factfinder but trial court properly declined to enter JNOV on appellees assertion a sales agreement made seller of property responsible for the environmental cleanup because the evidence allowed the jury to conclude that the parties agreed to alter their contract. Reversed in part, affirmed in part.
Publication Date: 2018-01-16
Practice Area: Dispute Resolution
Industry:
Court: Superior Court
Judge: Judge Solano
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Case Number: 18-0032
Trial court properly confirmed arbitration award under Pennsylvania law because appellants arguments that the FAA preempted state law and the issue was barred by res judicata failed but the trial court erred in sustaining appellants preliminary objections to appellees complaint because the trial court ignored appellees preliminary objections in response. Affirmed in part and vacated in part.
Publication Date: 2018-01-09
Practice Area: Civil Procedure | Energy and Natural Resources
Industry: Energy | Real Estate
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1907
Trial court properly dismissed appellants complaint asserting that a 2001 deed was void ab initio and asserting malpractice, negligence and fraud because the deed was not forged, appellants signed a deed without knowing its contents and did not act with reasonable diligence to discover what they had signed when they took no action for 14 years. Affirmed.
Publication Date: 2018-01-09
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Solano
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for defendant:
Case Number: 17-1898
The record did not support defendants conviction for disorderly conduct based on her angry use of the f-word or her conviction for possession of a dangerous weapon in a court facility, as her pocketknife did not constitute a dangerous weapon for purposes of 18 Pa.C.S. §913(a)(1). The appellate court vacated defendants judgment of sentence.
Publication Date: 2018-01-02
Practice Area: Corporate Entities
Industry: Health Care
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1892
Trial court erred in sustaining appellees preliminary objections in appellants action asserting breach of fiduciary and other duties in sale of LLC assets by majority members of LLC to other entity of which they were members because §8943(b)(2) of the LLC law gave the courts the flexibility to analogize to corporate and partnership law to bar a member from engaging in oppressive conduct. Reversed.
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