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Publication Date: 2024-02-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Sullivan
Attorneys: For plaintiff:
for defendant:
Case Number: 2470 EDA 2022
Trial court did not abuse discretion in imposing probation condition for defendant to surrender to their outstanding warrants despite defendant being under active probation supervision that prevented his travel to other jurisdictions, where defendant had failed to show good faith efforts to modify his probation to obtain approval to travel. Judgment of sentence affirmed in part and vacated in part.
Publication Date: 2024-02-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 175 MDA 2023
Ineffective assistance of counsel claims relating to denial of proposed self-defense instructions failed where there was insufficient evidence of defendant's state of mind to support such an instruction. Order of the PCRA court affirmed.
Publication Date: 2024-01-29
Practice Area: Products Liability
Industry: Distribution and Wholesale | E-Commerce | Manufacturing
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 2356 EDA 2022
Trial court properly transferred appellants' products liability/strict liability, negligence and breach of warranty action to Bucks county, where appellants resided, because there was no evidence demonstrating that manufacturer's contacts with Philadelphia county were continuous, habitual, or regular. Affirmed.
Publication Date: 2024-01-29
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 962 WDA 2022
Denial of law firm's petition for fees and costs did not itself deprive couple subsequently adjudicated incapacitated of their choice of counsel, but the trial court exercised its discretion to deny fees and costs where it found the firm's services to be unreasonable or unnecessary. Orders of the trial court affirmed.
Publication Date: 2024-01-29
Practice Area: Employment Litigation
Industry: Retail
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 3059 EDA 2022
Trial properly applied an adverse inference to one appellant's failure to testify at trial in employment contract action because appellants' counsel did not inform court of appellant's medical condition until after trial started and never asked for an accommodation until after the verdict and appellees' expert witness was qualified to testify as to the value of the company. Affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2024-01-22
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Sullivan
Attorneys: For plaintiff:
for defendant:
Case Number: 112 MDA 2023
Appellant appealed the judgment of sentence entered on his jury trial convictions for two counts of indecent assault of a child and related crimes. The court affirmed, concluding the trial court did not err in permitting defendant's child molestation victim to testify contemporaneously via video during defendant's trial.
Publication Date: 2024-01-22
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 130 MDA 2023
Appellant challenged the judgment of sentence entered on his bench trial conviction for statutory sexual assault and indecent assault of a person less than sixteen years old. The court affirmed, rejecting appellant's contention that he was unlawfully required to register as a sex offender under Revised Subchapter H of the Sexual Offender Registration and Notification Act.
Publication Date: 2024-01-22
Practice Area: Insurance Law
Industry: Insurance | Non-Profit
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1221 WDA 2022
Trial court erred in finding for plaintiff in action over insurance coverage for electronic data deleted from a third party's computer and court found that while the term "your computers" was ambiguous and had to be construed in favor of plaintiff, there was no evidence to show the cost of replacing the data exceeded the policy deductible and defendant had a reasonable basis, as a matter of law, for denying the claim. Vacated.
Publication Date: 2024-01-15
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 866 EDA 2023
Victim testimony recounting incident where defendant turned his vehicle around to pass the victim a second time and shout a threat was sufficient to establish all the elements of harassment. Judgment of sentence affirmed.
Publication Date: 2024-01-15
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 372 MDA 2023
Evidence was sufficient to find defendant guilty of attempting to cause severe bodily injury where prison inmate launched a surprise assault on a corrections officer that ended only when other corrections officers forcibly pulled defendant off the victim, who had attempted to shield himself on the ground. Judgment of sentence affirmed.
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