• Commonwealth v. Santana

    Publication Date: 2019-03-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0268

    Application of SORNA to sex offender convicted in 1983 did not constitute ex post facto violation where offender was already subject to lifetime registration in another state when he moved to Pennsylvania and thereby became subject to SORNA's lifetime registration requirement. Judgment of sentence affirmed.

  • Commonwealth v. Mbewe

    Publication Date: 2019-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0183

    Conviction affirmed where trial court sitting as factfinder could accept photo array identification based around defendant as victims identified defendant's first name and defendant was known to police to associate with his definitively identified co-defendant. Judgment of sentence affirmed.

  • Commonwealth v. Green

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry: Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0123

    The commonwealth established all the elements of a forgery, including the mens rea element, where the circumstantial evidence and reasonable inferences drawn therefrom established that defendant knew he was not a proper payee on a legitimate check from the victim staffing agency. The appellate court affirmed defendant's judgment of sentence.

  • Pittsburgh Logistics Sys., Inc., v. BeeMac Trucking, LLC

    Publication Date: 2019-01-29
    Practice Area: Contractual Disputes | Labor Law
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0073

    Trial court properly refused to grant an injunction enforcing a no-hire provision in appellant's contract with trucking company because the provision was against public policy by preventing persons from seeking employment with certain companies without receiving additional consideration for the prohibition or having any input regarding or knowledge of the restrictive provision. Affirmed.

  • Greco v. Myers Coach Lines, Inc.

    Publication Date: 2018-11-27
    Practice Area: Labor Law | Whistleblower Laws
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1423

    Terminated employee's wrongful discharge claim under the Whistleblower Law failed where employee made no report of her employer's wrongdoing to superiors or to a state agency. Judgment vacated, case remanded for entry of JNOV.

  • Commonwealth v. Chisholm

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1371

    The trial court erred in denying a motion to suppress evidence discovered in defendant's residence when sheriffs attempted to serve a warrant on a man mistakenly believed to live there since precedent requires "a magisterial determination of probable cause" before police may serve an arrest warrant inside a residence, absent exigent circumstances or consent. The appellate court vacated and remanded.

  • Cholewka v. Gelso

    Publication Date: 2018-08-14
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Construction
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0942

    One possessor of land owes no duty of care to another possessor of land under premises liability principles; thus, the trial court did not err in finding that the additional defendant, who leased property together with the plaintiffs, owed no duty of care to them. The appellate court affirmed in part.

  • Commonwealth v. Vannucci

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0853

    Appeal quashed as untimely where filed 31 days after judgment of sentence imposed. Appeal quashed.

  • In the Interest of T.J.J.M.

    Publication Date: 2018-07-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0795

    Trial court abused its discretion in changing child's placement goal to adoption and in involuntarily terminating father's parental rights because the goal change occurred when child had been in placement less than the statutory 15-22 months and omitted any findings as to father's compliance and testimony demonstrated that the causes of father's parental incapacity could be removed. Vacated and remanded.

  • Gardner v. Mia Prods. Co.

    Publication Date: 2018-06-12
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0689

    Grant of summary judgment in favor of company dismissing negligence claim as barred under borrowed employee doctrine premature due to outstanding issues of material fact concerning worker control. Summary judgment reversed, case remanded.