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Court remanded appeal of vehicle safety inspection licenses where trial court made new factual findings that could support modifying DOT's penalty and where the trial court failed to expressly find whether misrepresentations on inspection form were fraudulent or simply the product of carelessness. Orders of the trial court vacated, case remanded.
Product liability plaintiffs appealed the court's order denying their motion for post-trial relief. The court held that it properly limited or struck testimony by two of plaintiffs' experts where one expert relied upon a statistical analysis of a non-testifying colleague and the other provided a supplemental opinion report a mere month before trial.
The court denied defendant's partial motion for judgment on the pleadings after finding that plaintiff adequately pled its claims for tortious interference with contractual relations and unfair competition.
Publication Date: 2024-04-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 124 MDA 2023
Appellant appealed the trial court's judgment of sentence entered after his jury conviction on charges of kidnap to facilitate a felony, robbery, and making terrorist threats. The court affirmed, holding that appellant's conviction was not against the weight of the evidence where his victim identified him by his eyes and other evidence linked him to the crimes charged. The court held further that the victim's voice identification of appellant was admissible at trial despite the fact that police played only a single voice sample for th
Plaintiff raised genuine issues of material fact as to whether officers had probable cause to arrest where there was conflicting evidence regarding whether plaintiff had offensively struck one officer's police horse.
Certain parties appealed the court's decision allowing a certified public accountant, who served as a court-appointed forensic accounting expert in the parties' litigation, to seek payment of his expert fees within the parties' litigation rather than filing a separate action. The court requested that its decision be affirmed where the parties had clearly agreed to split the cost of the appointed expert that the parties ultimately required to value the disputed multimillion dollar assets involved in the complex commercial case.
Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.
Publication Date: 2024-04-19 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 261 MDA 2023
Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.