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  • In re RL, III

    Publication Date: 2018-07-17
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0771

    Clear and convincing evidence supported the involuntary termination of a father's parental rights where he was incarcerated and failed to make use of available resources to form and maintain a connection with the child.

  • Commonwealth v. Palmer

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0827

    Jury could convict for aggravated assault either by finding that bullet striking identified victim was meant for another unidentified person or that defendant caused serious bodily injury while engaging in reckless behavior by firing a weapon in public in the direction of other people. Judgment of sentence affirmed.

  • E. Coast Vapor, LLC v. Pennsylvania Dept. of Revenue

    Publication Date: 2018-07-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0802

    Imposition of tobacco tax upon e-cigarette products containing nicotine derived from sources other than tobacco did not violate substantive due process where rationally related to state objectives of defraying health costs of nicotine and tobacco use and discouraging consumption of such products. Application for summary relief denied in part and granted in part.

  • Commonwealth v. Neysmith

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0829

    Consent to blood alcohol test voluntary, despite defendant being provided with unconstitutional implied consent warnings, where defendant requested the blood draw prior to being provided warnings in the belief the results of a blood alcohol test would vindicate him. Judgment of sentence affirmed.

  • In re J'K.M.

    Publication Date: 2018-07-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0831

    Trial court erred in refusing to appoint a separate guardian ad litem, in case where attorney was both child's attorney and GAL, because 16 year-old child and GAL had diametrically opposed positions on child's placement and the divergent opinions constituted a conflict. Reversed.

  • Commonwealth v. Becker

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0824

    The lower court did not err in find that the conduct of troopers who prevented counsel from contacting defendant while he was being interrogated for a second time did not vitiate defendant's otherwise knowing, intelligent and voluntary waiver of his Miranda rights. The appellate court affirmed the trial court's order denying defendant relief under the Post Conviction Relief Act.

  • Commonwealth v. Lynn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0821

    Defendant failed to establish that the commonwealth's Brady violation constituted intentional prosecutorial misconduct designed to deprive him of a fair trial where he produced no evidence of intent. The appellate court affirmed defendant's judgment of sentence.

  • In re Estate of Laughman

    Publication Date: 2018-07-17
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0816

    Clear and convincing evidence indicated that a will was executed under undue influence and while the testator suffered from a weakened mental state. The court affirmed the order declaring the will invalid.

  • Commonwealth v. Milburn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0826

    Traffic stop was based on reasonable suspicion where police used tracking application they had prior experience with to track stolen phone to location where only one vehicle and no individuals on foot were located. Judgment of sentence affirmed.

  • Barbuti v. Yeshivath Beth Moshe Milton Eisner Yeshiva High School

    Publication Date: 2018-07-17
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0740

    The defendant employer failed to demonstrate that it was entitled to summary relief in this age discrimination lawsuit where plaintiff established a prima facia case and cited evidence from which a factfinder could reasonable disbelieve defendant's proffered non-discriminatory reason for terminating plaintiff from his teaching position. The court denied in part defendant's motion for summary judgment.