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The trial court granted a motion in limine filed by plaintiffs in anticipation of opening statements in a medical malpractice case that sought leave of court to use admissible excerpts of videotaped depositions of defense witnesses they did not identify.
The trial court granted a motion in limine filed by plaintiffs in anticipation of opening statements in a medical malpractice case that sought leave of court to use admissible excerpts of videotaped depositions of defense witnesses they did not identify.
Publication Date: 2024-04-26 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 460 EDA 2023
Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.
In a §1925(a) opinion, the court urged the Superior Court to affirms its order granting summary judgment to defendant and denying plaintiffs' motion for reconsideration in a wrongful death matter where plaintiffs failed to submit sufficient evidence including expert testimony to overcome summary judgment.
In this §1925(a) opinion, the trial court asked the Superior Court to affirm its orders granting motions in limine that precluded the plaintiff in a motor vehicle collision case from introducing evidence concerning her future medical expenses and treatment for her permanent injuries and precluding presentation of testimony or evidence concerning a medial branch block and radio ablation that she underwent more than two years after her initial treatment.
Court declined to dismiss contract claims against defendant bank by account holder who had become a victim of check fraud where account holder adequately alleged a reasonable expectation that defendant would monitor for fraud and defendant breached its duty of good faith by failing to detect and making payment on fraudulent checks. Defendant's motion to dismiss denied in part and granted in part.
Plaintiff alleged sufficient facts to support finding that white co-worker was treated more favorably following altercation in which both employees potentially committed violations of employer's code of conduct. Defendant's motion for summary judgment denied.
Court declined to dismiss or grant relief from SEC complaint alleging Exchange Act violations where underlying conduct and criminal convictions were undisputedly connected to securities transactions. Defendant's motion to dismiss or for Rule 60(b) relief denied.
The court denied plaintiff's motion seeking to reinstate a mortgage foreclosure action pursuant to Pa.R.Civ.P. 230.2(d)(3) after the case had been terminated pursuant to Pa.R.Civ.P. 1025 and Lacka. Co. R.C.P. 200(c) and 200.1(a).