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  • Brown v. Gaydos

    Publication Date: 2023-12-25
    Practice Area: Labor Law
    Industry: Construction
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1132 WDA 2021

    Trial court erred in granting summary judgment under Workers' Compensation Act immunity where there were genuine issues of material fact as to whether defendant qualified as an employer or co-employee for injured worker's negligence claims arising from defendant's separately owned equipment. Order of the trial court reversed and remanded.

  • Commonwealth v. Papp

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1394 MDA 2022

    Harassment statute did not violate First Amendment protections where the statute proscribed the intent of communications/expressions rather than the content of said communications. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1910 EDA 2022

    Evidence was insufficient to support assault and conspiracy charges against off-duty police officer where complainant admitted that officer suspected the complainant of criminal activity and knocked the complainant off his feet to stop his flight from the officer. Order of the trial court affirmed.

  • Chilutti v. Uber Tech., Inc.

    Publication Date: 2023-08-07
    Practice Area: Dispute Resolution
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1023 EDA 2021

    Appellants appealed the trial court's order granting appellees' petition to compel arbitration. The court reversed and remanded, concluding there was no valid agreement to arbitrate where appellants purportedly gave up their constitutional right to a jury trial by entering into a mandatory arbitration agreement via hyperlinked "terms and conditions" on a website or smartphone application they never clicked on, viewed, or read.

  • Commonwealth v. Smith

    Publication Date: 2023-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1256 WDA 2021

    Appellant appealed from a judgment of sentence entered on his open guilty pleas to charges of voluntary manslaughter and arson endangering persons. The court affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Faison

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 909 EDA 2022

    Prior bad acts evidence of past assaults and rape of the victim was admissible as relevant to prove defendant's intent to rape the victim in the present assault since defendant asserted lack of intent and consent as defenses to his charges. Judgment of sentence affirmed.

  • Commonwealth v. Murchison

    Publication Date: 2023-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3585 EDA 2019

    New DNA evidence did not compel Post-Conviction Relief Act relief where, like the evidence presented at trial, it continued to exclude defendant as a contributor and there was other evidence presented at trial to support defendant's murder conviction. Order of the PCRA court affirmed.

  • Hand v. Fuller

    Publication Date: 2023-05-08
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1357 EDA 2022

    Lease qualified as a renewal even though it contained materially different terms from the parties' previous lease, and therefore landlords were exempt from the lead disclosure requirement under local ordinance. Order of the trial court affirmed.

  • Commonwealth v. Sinkiewicz

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 480 EDA 2022

    Commonwealth failed to present prima facie case of aggravated assault by police officer when he momentarily struck resisting protestors with his baton, since the evidence did not support a finding that the officer had specific intent to inflict serious bodily injury. Order of the trial court affirmed.

  • Merino v. Repak, B.V.

    Publication Date: 2022-12-26
    Practice Area: Products Liability
    Industry: Distribution and Wholesale | Food and Beverage | Manufacturing
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 135 MDA 2022

    Court could exercise specific personal jurisdiction over foreign manufacturer with no minimum contacts of its own with the forum, based on the actions and contacts of its exclusive distributor with whom manufacturer had a close agency relationship. Order of the trial court affirmed.