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  • Commonwealth v. Hill

    Publication Date: 2019-06-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0674

    Where the record established that defendant gave money to other persons to make straw purchases of firearms using proceeds from his illegal sale of firearms, the evidence was sufficient to sustain his conviction for dealing in proceeds of unlawful activities in violation of 18 Pa.C.S. §5111 as it satisfied the "unlawful activity" element of the offense. The appellate court affirmed.

  • Bielak v. Bielak

    Publication Date: 2019-06-10
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0673

    The trial court did not err in denying husband's petition to modify his obligation to pay wife alimony pendente lite since wife's distributions from an IRA she inherited from her late father did not constitute "income in respect of a decedent" under §4302 of the Domestic Relations Code. The appellate court affirmed.

  • Strasburg Scooters, LLC v. Strasburg Rail Road, Inc.

    Publication Date: 2019-06-03
    Practice Area: Transportation
    Industry: Federal Government | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0657

    Trial court properly dismissed appellant's declaratory judgment action against appellee rail road seeking relief related to its right-of-way because under the interstate commerce commission termination act, the surface transportation board had exclusive jurisdiction over the issues. Affirmed.

  • In the Matter of the Application of the Commonwealth

    Publication Date: 2019-05-06
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0527

    Trial court erred in denying commonwealth's request to inspect rehabilitation clinic's records as to clinic's distribution of methadone to defendant because enforcing the controlled substance, drug, device and cosmetic act would not reveal any potentially incriminating information in the substance of any of defendant's patient records as prohibited by the Pennsylvania drug and alcohol abuse act. Reversed in part.

  • Carlino v. Ethicon, Inc. et al

    Publication Date: 2019-04-29
    Practice Area: Civil Procedure | Products Liability
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0480

    The trial court did not err in denying defendant's request for a directed verdict in this product liability suit based on the statute of limitations where the evidence supported the conclusion that plaintiff reasonably believed her pain was a risk of the surgery and, thus, the court submitted the issue to the jury. The appellate court affirmed the judgment for plaintiff.

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    Authors: Michael D. Malfitano

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  • Belliveau v. Phillips et al

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0447

    The trial court lacked jurisdiction to enter judgment against appellants in this action to quiet title where appellants, who purchased the property in dispute at a sheriff's sale, were not named as defendants in the complaint or personally served with the complaint. The appellate court vacated and remanded.

  • Maisano v. Avery

    Publication Date: 2019-03-11
    Practice Area: Deals and Transactions | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court properly found that appellee breached a property sale agreement with appellants but erred in declining to award the purchase price as damages because a claim for specific performance was a demand for the purchase price. Reversed and remanded.

  • Maisano v. Avery

    Publication Date: 2019-03-04
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court could entertain real estate seller's action for specific performance of a sales agreement since specific performance would merely be an action for damages in the amount of the purchase price. Judgment affirmed in part and reversed in part, case remanded.

  • Commonwealth v. Odom

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0201

    Coin-operated laundromat was not "attended" for purposes of the damage to attended vehicle or property criminal statute where no owner, employee, or agent of the laundromat was present at the time of the accident to watch over or guard the premises. Judgment of sentence vacated.

  • Commonwealth v. Leland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0200

    Failure to arraign and take a formal plea on a severed charge at the start of a bifurcated trial did not prejudice defendant's rights where he had notice of the severed charge and had aggressively defended against all charges in his indictment throughout the pre-trial proceedings. Judgment of sentence affirmed.