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Publication Date: 2019-10-21
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fernandes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1224
The court did not err in changing the plan from reunification to adoption, and the termination of father's parental rights was amply supported by the evidence.
Publication Date: 2019-10-14
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1209
Juvenile court properly found that minor's out-of-home placement was warranted because record did not support minor's contention that returning home would satisfy his need for treatment, supervision and rehabilitation. Affirmed.
Publication Date: 2019-10-14
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1211
Trial court erred in transferring jurisdiction over child custody matter to the state of Delaware because, without a proper motion to modify custody filed in the trial court, the trial court lacked the relevant reference date for its §5422 decision. Reversed.
Publication Date: 2019-09-30
Practice Area: Family Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Hardiman
Attorneys: For plaintiff: Paul A. Clark
for defendant: Melissa H. Raksa and Ragner E. Jaeger (Office of Attorney General of New Jersey, Department of Health & Human Services)
Case Number: 18-3373
District Court Erred in Dismissing Claims Where Underlying State Court Proceedings Were Ongoing and Did Not Fall Under Younger Categories
Publication Date: 2019-09-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1145
Appeal from order in dependency proceeding precluding visitation when parent and children tested positive for drugs was not an appealable final order or collateral order. Appeal quashed.
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Publication Date: 2019-09-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1144
Intermediate appellate courts only had authority and obligation to sua sponte review a trial court's failure to appoint any counsel for a child in a proceeding to involuntarily terminate parental rights, but not to review whether an appointed GAL had a conflict of interest in representing the child's best interests and legal interests. Order of the trial court affirmed.
Publication Date: 2019-09-23
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1077
Trial court was authorized to sanction counsel where counsel permitted client's pro se discovery responses, which failed to comply with the trial court's order compelling production of discovery, to be served on opposing counsel. Order of the trial court affirmed.
Publication Date: 2019-09-23
Practice Area: Family Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Matey
Attorneys: For plaintiff: Christopher T. Zirpoli, Esq. (Covington & Burling LLP)
for defendant: Gurbir S. Grewal, Thomas P. Lihan, and Michael R. Sarno (Office of the Attorney General Division of Law); Daniel R. Esposito (Buckly Theroux Kline); Robert E. Levy (Scarinci & Hollenbeck); Cyndee L. Allert and Elizabeth A. Farrell (Dughi Hewit & Domalewski); Paul J. Soderman; Darrell M. Felsenstein (Wells Jaworski & Lebman); Julien X. Neals and Robert N. Schwartz (Office of Bergen County Counsel); William T. McGloin (Connell Foley); William J. Buckley and Thomas N. Gamarello (Schenck Price Smith & King); Melissa J. Brown (Marks O’Neill O’Brien Doherty & Kelly)
Case Number: 16-4379
Appeal Dismissed Where Docket Entry Terminating Case Was Not Final Appealable Order
Publication Date: 2019-09-23
Practice Area: Family Law
Industry: Education
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1119
Juvenile court properly adjudicated appellant delinquent based on terroristic threats because appellant's statements made at school expressed an intent to cause harm and an indication of impending menace, he consciously disregarded a substantial and unjustifiable risk that his threat would terrorize his fellow students and he communicated a true threat that was not protected by the first amendment. Affirmed.
Publication Date: 2019-09-16
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1080
Trial court erred in terminating mother's parental rights because trial court made no effort to examine mother's explanation for her conduct and did not properly weigh father's lack of cooperation or reasonable accommodation in mother's efforts to maintain contact. In the circumstances of this case in which child believed stepmother was his biological mother, permanently severing mother's bond to perpetuate a relationship built on a misrepresentation did not clearly serve the long-term well-being and emotional interests of the child.
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