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Publication Date: 2021-03-01
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0219
Trial court erred in dismissing aiding and abetting claim against bank which acted to entice Ponzi scheme operator's business and disregarded its own customer policies to allow facilitating of the scheme. Judgement vacated, case remanded.
Publication Date: 2021-02-01
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 21-0098
Trial court erred in terminating father's parental rights where he had only become aware of the child's existence and his possible paternity less than four months prior to the filing of the termination petition. Decree of the trial court reversed.
Publication Date: 2021-01-04
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 20-1435
Defendant's constitutional right to counsel was violated multiple times during critical stages of his criminal trial where the trial court failed to determine on the record whether he was entitled to appointed counsel after a public defender successfully moved to withdraw. The appellate court vacated and remanded.
Publication Date: 2020-11-09
Practice Area: Discovery
Industry: Energy | Legal Services
Court: Superior Court
Judge: Judge Stabile
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Case Number: 20-1208
The trial court properly exercised its discretion in issuing an "attorneys' eyes only" discovery order in this Dragonetti Act suit on the issue of punitive damages where the order accommodated defendants' privacy rights by limiting access to financial records to plaintiffs' attorneys and requiring counsel to destroy the records at the close of litigation. The superior court affirmed.
Publication Date: 2020-11-09
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 20-1213
Tier I registration requirement under SORNA applied to individual convicted of interference with custody of children was unconstitutional as applied where irrebuttable presumption of high risk to sexually reoffend violated defendant's constitutional right of reputation since defendant had no opportunity to challenge the presumption, the presumption was likely untrue as defendant committed no sexual acts, and the commonwealth possessed alternative means of assessment of defendant's sexual recidivism. Judgment of sentence affirmed, orde
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Publication Date: 2020-10-19
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 20-1129
The orphans' court may have erred in holding father responsible for failing to perform his parental duties where he did not know of the minor child's existence since Pennsylvania law does not require that a parent perform the impossible. The superior court remanded for the filing of an advocate's brief.
Publication Date: 2020-10-19
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 20-1133
Defendant could not assert a claim of judicial bias under a petition for writ of coram nobis even though defendant had already completed his sentence and therefore was ineligible to seek PCRA relief, which was the exclusive avenue for asserting a claim of judicial bias. Order of the trial court affirmed.
Publication Date: 2020-08-31
Practice Area: Civil Appeals
Industry: Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0936
The superior court lacked jurisdiction to hear plaintiffs' appeals in two consolidated matters since these separate actions lacked overlap in identity of parties and, therefore, retained their separate identities and required distinct judgments. The superior court quashed plaintiffs' appeal.
Publication Date: 2020-08-10
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 20-0863
Trial court erred in finding appellees preserved an objection to a document at deposition and appellees' subsequent motion in limine did not change that result and since the document referred to an important issue at trial, the error was not harmless but trial court properly found appellees' expert witness was qualified to testify. Vacated and remanded.
Publication Date: 2020-07-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 20-0770
Criminal use of communication facility conviction arising from use of police scanner to evade officers overturned where commonwealth failed to identify a felony being committed through the evasion of police with the scanner. Judgment of conviction affirmed in part and reversed in part, case remanded for resentencing.
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