• Wells Fargo Bank, N.A. v. Premier Hotels Group, LLC

    Publication Date: 2018-01-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0025

    Trial court erred in granting summary judgment in favor of appellee bank in dispute over mortgage foreclosure and note because the only support in the record for finding events of default was in appellees assistant vice presidents affidavit and the trial courts apparent reliance on that affidavit was a violation of the Nanty-Glo rule. Reversed.

  • Weinar v. Lex

    Publication Date: 2018-01-16
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0032

    Trial court properly confirmed arbitration award under Pennsylvania law because appellants arguments that the FAA preempted state law and the issue was barred by res judicata failed but the trial court erred in sustaining appellants preliminary objections to appellees complaint because the trial court ignored appellees preliminary objections in response. Affirmed in part and vacated in part.

  • Commonwealth v. Scott

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Regulation
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1900

    Trial court erred in treating unlicensed concealment of firearm as strict liability offense, when statute required a culpable mental state. Judgment of sentence reversed, case remanded for new trial.

  • Ford v. Oliver

    Publication Date: 2018-01-09
    Practice Area: Civil Procedure | Energy and Natural Resources
    Industry: Energy | Real Estate
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1907

    Trial court properly dismissed appellants complaint asserting that a 2001 deed was void ab initio and asserting malpractice, negligence and fraud because the deed was not forged, appellants signed a deed without knowing its contents and did not act with reasonable diligence to discover what they had signed when they took no action for 14 years. Affirmed.

  • Commonwealth v. Sperber

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1901

    Motion to suppress evidence from warrantless search properly denied where parole officers had reasonable suspicion to search parolees person and vehicle due to corroborated tip that parolee possessed an internet-capable smartphone in violation of his parole, and where parolee expressly consented to search. Judgment of sentence affirmed.

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  • Commonwealth v. Felder

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1897

    The trial court properly convicted defendant of contempt for violating a protection from abuse order where the evidence supported a finding that his intentional actions in twisting his wifes fingers to the point of injury rose to the level of abuse. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Akhmedov

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1896

    While defendant demonstrated recklessness in driving at an excessive rate during a drag race, there was no evidence of the sustained, purposeful recklessness necessary to prove a knowing and conscious disregard that death or serious bodily injury was reasonably certain to occur necessary to support his four convictions for murder in the third degree. The appellate court reversed defendants convictions in part.

  • Commonwealth v. Pennix

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1898

    The record did not support defendants conviction for disorderly conduct based on her angry use of the f-word or her conviction for possession of a dangerous weapon in a court facility, as her pocketknife did not constitute a dangerous weapon for purposes of 18 Pa.C.S. §913(a)(1). The appellate court vacated defendants judgment of sentence.

  • Commonwealth v. Santos

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1899

    The trial court erred in prohibiting the commonwealth from calling a police officer to testify at trial as a remedy for the commonwealths purported discovery violation where the requested material was not mandatory discovery under Pa.R.Crim.P. 573(B)(1)(a). The court reversed the trial courts discovery sanction order and remanded.

  • Russo v. Polidoro

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1913

    Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.