• Munoz v. The Children's Hosp. of Philadelphia

    Publication Date: 2021-11-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1319

    Trial court erred in granting a nonsuit to defendant hospital in action over child's death because trial court erred in finding that defendant did not undertake to render a service to child where parents presented expert testimony that suggested defendant's actions, or lack thereof, increased the risk of harm to child. Reversed and remanded.

  • Cuth v. Cuth

    Publication Date: 2021-10-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1235

    Trial court did not err in making spouse originally awarded survivor's benefit from ex-spouse's pension responsible for life insurance premiums to secure a policy that would replace the benefit when the pension fund determined it could not pay the benefit following a divorce, as there was a chance the spouse receiving the benefit could end up with a double payment if the benefit were ultimately granted. Decree affirmed.

  • Commonwealth v. Sanders

    Publication Date: 2021-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0989

    Where public transit bus driver's operation of their vehicle merely constituted careless driving, the evidence was insufficient to convict for homicide by vehicle as there had been no conscious disregard for a substantial risk of injury or death. Conviction reversed in part and affirmed in part, case remanded for resentencing.

  • HTR Rest., Inc. v. Erie Ins. Exch.

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0985

    Insurer appealed court of common pleas' order granting coordination of actions seeking coverage for business interruption losses due to COVID-19 under Pa.R.C.P. 213.1 and court reversed the coordination order to the extent it directed coordination of actions that were not filed on the date of appellees' motion for coordination and remanded for trial court to consider the objections to coordination. Reversed in part, vacated in part.

  • Carlino E. Brandywine, L.P. v. Brandywine Vill. Assoc.

    Publication Date: 2021-08-16
    Practice Area: Discovery
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0937

    Where defendants raised the affirmative defenses of reliance on advice of counsel and counsel's good faith reliance on applicable law, they opened the door to waiver of the attorney-client and work product privileges; however, the trial court erred in finding a blanket privilege waiver and in assuming waiver of attorney-client privilege would also waive attorney work product protection. The superior court vacated and remanded.

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    Texas Legal Malpractice & Lawyer Discipline 2024

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  • Commonwealth v. Prater

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0851

    PCRA court did not err in denying motion to run new sentence concurrent to other sentences where trial court had cited defendant's escalating behavior against the victim and defendant's defiant refusal to express remorse had supported the initial imposition of consecutive sentences in the exercise of the sentencing court's discretion. Order of the PCRA court affirmed.

  • Commonwealth v. Orr

    Publication Date: 2021-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0821

    Commonwealth presented sufficient evidence of authorship to authenticate text messages where defendant owned the phone that sent the messages, the content of the messages concerned a personal dispute between defendant and the victim, and there was no evidence that other individuals had access to the phone. Judgment of sentence affirmed.

  • Fisher v. Erie Ins. Exch.

    Publication Date: 2021-07-12
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0791

    Trial court could order in camera review of documents allegedly subject to attorney-client privilege where privilege could not be determined from the face of the record, and an order directing in camera review did not constitute an appealable collateral order. Appeal quashed.

  • Biros v. U Lock Inc.

    Publication Date: 2021-06-07
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0644

    The record established that appellant would be unjustly enriched by maintaining its ownership in certain property with no ability to repay appellee, who loaned appellant money to buy the property; thus, the trial court did not err in imposing a constructive trust and awarding the property to appellee. The superior court affirmed.

  • In the Interest of S.S.

    Publication Date: 2021-05-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0608

    Trial court erred in terminating father's parental rights after improperly considering a psychiatrist's report that was admitted in child's dependency proceeding but not in the termination hearing. Vacated.