• Munoz v. The Children's Hosp. of Philadelphia

    Publication Date: 2021-11-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1319

    Trial court erred in granting a nonsuit to defendant hospital in action over child's death because trial court erred in finding that defendant did not undertake to render a service to child where parents presented expert testimony that suggested defendant's actions, or lack thereof, increased the risk of harm to child. Reversed and remanded.

  • Frisch v. James River Ins. Co.

    Publication Date: 2021-11-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1304

    Defendant was not entitled to new trial based on trial court's failure to re-read to the jury the model instructions for both pre-existing conditions and factual cause, where defendant had not objected at the time to the trial court's failure to read both instructions. Order of the trial court reversed, case remanded for further proceedings.

  • Intermec IP Corp. v. TransCore, LP

    Publication Date: 2021-11-02
    Practice Area: Contracts
    Industry: Electronics | Manufacturing | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates, LLP, Wilmington, DE; Michael S. Nelson, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA for plaintiffs.
    for defendant: Jason A. Cincilla, Howard P. Goldberg, Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE; Stephen E. Baskin, Peter Schmidt, King & Spalding LLP, Washington, DC for defendants.

    Case Number: D69592

    Proposed amendment of declaratory judgment claim was futile where it sought declaration of rights and obligations that would be resolved by an existing breach of contract claim, or sought legal declarations to which defendant had already conceded.

  • Commonwealth v. Sanchez

    Publication Date: 2021-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1203

    Miscommunication between police and prosecution, resulting in prosecutors being unaware of the existence of a material DNA analysis report and therefore failing to turn the report over to the defense, did not rise to the level of recklessness required to bar retrial on double jeopardy grounds. Order of the trial court affirmed.

  • Commonwealth v. Davis

    Publication Date: 2021-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1115

    PCRA court could vacate entire sentence, including on charges for which the sentencing court had originally imposed "no further penalty," where the commonwealth requested resentencing after defendant had obtained relief on unconstitutional mandatory minimum sentences. Order of the PCRA court affirmed.

  • In re Estate of Emery

    Publication Date: 2021-09-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1082

    Trial court's 2020 order, addressing the exact amount an executor was to distribute to appellant from decedent's multiple party bank account, did not run afoul of 42 Pa. C.S.A. §5505 because that order did not modify a 2018 order which ordered distribution but did not address the amount of money involved. Affirmed.

  • Commonwealth v. King

    Publication Date: 2021-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0988

    Trial counsel was not ineffective where police were obligated to conduct inventory search of vehicle prior to required tow of the vehicle, and where counsel correctly advised appellant of the risks of proceeding with a jury trial. Order of the PCRA court affirmed.

  • Perelman v. Raymond G. Perelman Revocable Trust

    Publication Date: 2021-08-09
    Practice Area: Discovery
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0899

    Appellant trust appealed order denying the motion for a protective order and directing appellee Cozen to produce certain documents during discovery and court found trial court did not err in applying the self-defense exception in profession conduct rule 1.6(c)(4) in this case but did err in declining to find that the parties had not waived privileges for other confidential communications relating to the same subject matter. Affirmed in part and reversed in part.

  • Commonwealth v. Mattis

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0557

    Trial court erred in denying suppression motion where defendant could not validly consent to search of vehicle after police, having resolved the initial speeding violation, asked defendant to exit his vehicle and requested consent for a search while in possession of defendant's documents, thereby subjecting him to an unlawful investigatory detention. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Orner

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0516

    Trial counsel was ineffective in failing to call a witness who, though having certain discrepancies in their proposed testimony, would have offered testimony that went directly to negating the credibility of the complaining witness and thus would have greatly benefitted the defense. Order of the PCRA court affirmed.

  • Jacobs v. King

    Publication Date: 2021-04-26
    Practice Area: Civil Procedure
    Industry:
    Court: Connecticut Superior Court, Danbury J.D. at Danbury
    Judge: Judge Brazzel-Masaro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-20-6035495

    Most Significant Relationship Test Yields Application of Connecticut Law