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  • Commonwealth v. McCain

    Publication Date: 2018-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1888

    Trial court erred in imposing intermediate punishment well below mitigated sentencing range, where defendant inflicted permanent injury upon victim and had significant violent criminal history, and where trial courts justifications failed to support a lenient sentence. Judgment of sentence vacated, case remanded for resentencing.

  • In Re: Risperdal Litig.

    Publication Date: 2017-12-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1849

    Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.

  • Commonwealth v. Holt

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1844

    Defendant could not succeed on his ineffectiveness of counsel claim for failure to file a Rule 600 motion based upon an alleged speedy trial violation where there were more than 800 excludable and excusable delays that extended his adjusted run date well beyond his trial date. The court affirmed defendants judgment of sentence.

  • Erie Ins. Exch. v. Moore

    Publication Date: 2017-12-19
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1827

    Trial court erred in ruling insurer had no duty to defend or indemnify pursuant to expected or intended exclusion in policy, where underlying personal injury suit reasonably pled that injury arose from accidental discharge of firearm. Summary judgment vacated, case remanded.

  • In Re: Marsh

    Publication Date: 2017-12-19
    Practice Area: Trusts and Estates | Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1826

    Descendents mere speculation that decedent died from something other than natural causes was insufficient reasonable cause to warrant disinterment of decedents remains. Order of the orphans court affirmed.

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    Infobeans cogito test

    Authors: Stephen Fishman

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  • Buttaccio v. American Premier Underwriters, Inc. et al

    Publication Date: 2017-12-12
    Practice Area: Litigation | Personal Injury
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1804

    Defendants were entitled to a new trial where plaintiffs counsel made repeated reference to the amount of manpower provided at plaintiffs workplace prior to his injuries in violation of a court order and made an irrelevant and prejudicial reference to the deaths of two fellow railroad carmen during plaintiffs trial. The court reversed an order denying defendants a new trial and remanded.

  • Commonwealth v. Cook

    Publication Date: 2017-12-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1806

    Defense counsel correctly posited that defendants appeal was wholly frivolous where there was no viable challenge to the legality of his final sentence and no prior challenge to the discretionary aspects of his sentence either at the sentencing hearing or in a post-sentence motion. The court affirmed defendants judgment of sentence and granted counsels petition to withdraw.

  • S.N.M v. M.F.

    Publication Date: 2017-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1819

    Trial court abused its discretion in ordering genetic testing and finding that father was not childs biological father because father had signed an acknowledgment of paternity as part of a custody agreement that was made an order of the court, 23 Pa.C.S. §5103(a), (d) and (g) governed and established the childs paternity in these circumstances and it could no longer be challenged and father was childs legal father. Reversed.

  • In Re: A.S.D.

    Publication Date: 2017-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1807

    Trial court erred in denying a name change petition filed by transgendered person, where petitioner had met statutory prerequisites for name change. Order of the trial court vacated, case remanded.

  • Hendricks v. Hendricks

    Publication Date: 2017-12-12
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1813

    Trial court properly granted preliminary injunction where enjoined party was contractually prohibited from interfering with residential development conducted by party seeking the injunction. Orders of the trial court affirmed. Timothy Paul Hendricks and W. Todd Hendricks, brothers, were involved in the same companies, collectively referred to as TH Properties, and were involved in residential development on property they owned.