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  • Commonwealth v. Vucich

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1070

    The trial court erred in admitting two photographs of the victim of defendant's sexual abuse taken when the crimes allegedly occurred since defendant did not contest that the victim was a child when the alleged abuse occurred; however, any prejudice was de minimis and, thus, harmless beyond a reasonable doubt. The appellate court affirmed defendant's judgment of sentence.

  • South Middleton Twp. v. Amerifreight Sys. LLC

    Publication Date: 2018-09-18
    Practice Area: Damages | Evidence | Government
    Industry: Cargo and Shipping | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1110

    The court granted defendants' motion for partial summary judgment to preclude recovery of attorney fees and denied plaintiff's motion for sanctions without prejudice in case where defendant's driver crashed a tractor trailer into plaintiff's historic bridge and damaged it but defense counsel did not produce driver for a deposition or concede liability because it was possible that defendants might present evidence in support of their position on liability that did not require the driver's deposition or an expert. Granted in part, denie

  • Commonwealth v. Palmore

    Publication Date: 2018-09-18
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1100

    The trial court erred in excluding evidence of an alleged victim's prior sexual conduct where defendant sought to admit such evidence to attack the victim's credibility and establish a plausible motive for her accusations, not to portray her as promiscuous. The appellate court vacated defendant's judgment of sentence and remanded.

  • Lamson v. Weyerhaeuser Co.

    Publication Date: 2018-09-11
    Practice Area: Evidence | Toxic Torts
    Industry: Chemicals and Materials | Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1037

    Plaintiff failed to provide any evidence that decedent was exposed to asbestos in products manufactured by defendants. Because the jury would have to rely on speculation to find in favor of plaintiff, the court granted defendants' motion for summary judgment.

  • Mercurio v. Louisville Ladder, Inc.

    Publication Date: 2018-09-11
    Practice Area: Evidence | Occupational Safety and Health | Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mariani
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1082

    Defendant made a motion in limine to preclude plaintiff's expert in plaintiff's action asserting a design defect in a ladder caused him to fall and the court found that expert's "simulated use test", though simplistic in nature, was sufficiently reliable to justify admission at trial because the issue was relatively well-defined, the testing process would be readily comprehensible to a jury and issues such as the number of tests performed and the technician's arm movements while performing the tests could be adequately explored during

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • In the Interest of: M.W., a minor

    Publication Date: 2018-09-11
    Practice Area: Criminal Law | Evidence | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1076

    Motion to suppress evidence seized from vehicle glove compartment denied where police were statutorily authorized to seize vehicle and conduct inventory search for ownership documents after discovering mismatched license plate and VINs. Dispositional order affirmed.

  • Commonwealth v. Manuel

    Publication Date: 2018-09-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1049

    Evidence seized pursuant to search warrant suppressed when the warrant was obtained from information provided by confidential informant based on his alleged personal observations, where the CI's previous information had only led to one felony arrest and police failed to independently corroborate the CI's information. Judgment of sentence reversed.

  • Commonwealth v. Snyder

    Publication Date: 2018-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1003

    Defendant was entitled to the suppression of five blood draws taken from him during a two-month period as well as the toxicology results establishing his impaired driving where his consent to the blood draws was given under the implied intimidation or duress of more severe penalties if he refused consent. The court granted defendant's motions to suppress evidence.

  • Commonwealth v. Thomas

    Publication Date: 2018-08-21
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0969

    The trial court did not err in admitting evidence of defendant's time in prison with a key commonwealth witness, as this challenged evidence was relevant for the limited purposes of explaining the witness's recantation of his prior testimony and revealing defendant's consciousness of guilt. The appellate court affirmed defendant's judgment of sentence.

  • In Re: A.J.R.-H. et al

    Publication Date: 2018-08-07
    Practice Area: Evidence | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0912

    The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.