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  • Spector Gadon & Rosen, P.C. v. Rudinski, Orso & Lynch

    Publication Date: 2020-04-27
    Practice Area: Attorney Compensation
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0437

    Appellant appealed the judgment in favor of appellee in its action for conversion against appellant law firm that subsequently represented individual in lawsuit and dispersed proceeds of settlement to individual and court found appellant's conduct did not deprive appellee of the funds but rather provided individual with the funds he could have used to compensate appellee. Vacated and remanded.

  • Commonwealth v. Hopkins

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0412

    Trial counsel was ineffective for failing to seek a Frye hearing to preclude commonwealth expert testimony that was not based on any testing or generally accepted scientific methodology. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. McCullough

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0365

    Criminal defendant not entitled to relief from trial judge's alleged ex parte communications where defendant knowingly waived jury trial with knowledge of the alleged communications and waited until after a verdict of conviction to seek recusal. Judgement of sentence affirmed.

  • Cardona v. Buchanan

    Publication Date: 2020-03-23
    Practice Area: Civil Procedure
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0309

    Where the trial court entered a judgment of non-pros due to plaintiff's failure to prosecute her suit and plaintiff failed to file a petition to open before appealing, she waived the single issue raised in her appellate brief. The superior court affirmed.

  • In the Interest of: J.R.R.

    Publication Date: 2020-02-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0196

    Trial court erred in involuntarily terminating father's parental rights when trial court found a bond between parent and child but failed to make findings as to the emotional impact involuntary termination would have on child. Decree vacated, case remanded.

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    Authors: Janet K. Colaneri

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  • Pass v. Palmiero Automotive of Butler, Inc.

    Publication Date: 2020-02-24
    Practice Area: Contracts
    Industry: Automotive | Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0200

    Appellants appealed the dismissal of their Unfair Trade Practices and Consumer Protection Law and common law fraud action over a car purchase and court found the retail purchase agreement provided the buyer's agreement was "part of" the parties' agreement, the "as-is" box was checked in the buyer's guide and appellants' signatures showed they reviewed the documents and elected not to obtain any dealer warranty. Affirmed.

  • Commonwealth v. Sanders

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0154

    The proof of record did not support a conviction for homicide by vehicle where there was no evidence that defendant, a bus driver who struck a pedestrian while driving a bus, was consciously aware of a substantial and unjustifiable risk created by her conduct that would cause injury to the victim. The superior court reversed defendant's judgment of sentence in part.

  • Commonwealth v. Maldonado-Vallespil

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0006

    Commonwealth failed to establish locus of criminal act of receiving stolen property where there was no record evidence demonstrating that defendant was located within the commonwealth at any point when he received, retained, or disposed of the stolen goods. Judgment of sentence vacated.

  • US Coal Corp. v. Dinning

    Publication Date: 2019-11-11
    Practice Area: Contractual Disputes
    Industry: Energy | Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1315

    Trial court properly granted summary judgment in favor of appellees and awarded sanctions in appellants' action asserting breach of contract, promissory estoppel, unjust enrichment, fraud and negligent misrepresentation over the sale of a company because the release appellants signed was not ambiguous, parol evidence rule barred any extrinsic evidence and there was no evidence to support their other claims. Affirmed.

  • Radon Constr., LLC v. Land Endeavor 0-2, Inc.

    Publication Date: 2019-11-04
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1302

    Trial court properly concluded that appellant's claim of duress in signing a contract failed because he had the opportunity to consult an attorney, was not physically threatened and discussed the contract with multiple people before he signed it. Affirmed.