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  • Commonwealth v. Shaffer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0017

    Where the defendant freely granted a computer technician access to his computer, he knowingly exposed the contents of his computer to the public and, thus, lost any reasonable expectation of privacy in those contents. The appellate court affirmed defendants judgment of sentence.

  • Menkowitz v. Peerless Publn, Inc.

    Publication Date: 2018-01-16
    Practice Area: Damages | Personal Injury
    Industry: Health Care | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0018

    Newspaper entitled to JNOV in defamation claim where allegedly libelous statement was factually true, and where there was no evidence to support a claim for defamation by innuendo. Judgment reversed.

  • Wells Fargo Bank, N.A. v. Premier Hotels Group, LLC

    Publication Date: 2018-01-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0025

    Trial court erred in granting summary judgment in favor of appellee bank in dispute over mortgage foreclosure and note because the only support in the record for finding events of default was in appellees assistant vice presidents affidavit and the trial courts apparent reliance on that affidavit was a violation of the Nanty-Glo rule. Reversed.

  • Bouchon v. Citizen Care, Inc. et al

    Publication Date: 2018-01-02
    Practice Area: Health Care Law | Wrongful Death
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1883

    The trial court erred in granting defendants request for a demurrer based on immunity under the Mental Health and Mental Retardation Act where plaintiffs complaint made sufficient factual allegations of gross negligence, rendering the grant of an immunity demurrer improper. The appellate court reversed in part and remanded.

  • E.S. Mgmt. v. Gao

    Publication Date: 2017-12-05
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1766

    Landlords collection of security of more than two months rent was a LTA violation that constituted a UTPCPL violation. Judgment affirmed in part and reversed in part.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Commonwealth v. Woeber

    Publication Date: 2017-11-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1752

    Trial court erred in excluding testimony of sexual assault victims exculpatory and contradictory statements under the Rape Shield Law. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Hart

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1114

    The trial court erred in denying defendants petition to withdraw his nolo contendere plea to invasion of privacy where defendant was not informed that he would be subject to the registration requirements of the Sexual Offender Registration Notification Act, now considered a punishment, and thus the plea was not knowing, intelligent and voluntary. The court reversed an order denying defendants petition to withdraw his plea.

  • In the Interest of H.K.

    Publication Date: 2017-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1611

    Trial court erred in granting parents request for de novo hearing in dependency petition after orphans court had accepted masters report, when parent failed to object to hearing before master and had not shown cause for rehearing, and thus had no right to rehearing before trial judge. Order of the trial court reversed.

  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.