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  • E.S. Mgmt. v. Gao

    Publication Date: 2017-12-05
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1766

    Landlords collection of security of more than two months rent was a LTA violation that constituted a UTPCPL violation. Judgment affirmed in part and reversed in part.

  • Commonwealth v. Karash

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1763

    Pursuant to Commonwealth v. Banellis, the prefatory language of 75 Pa.C.S. §3323(b) constituted an element of the offense and thus required the commonwealth to present evidence on whether a police officer directed defendant to proceed through a stop sign in order to demonstrate that he violated his duties as a motorist at a stop sign. The court reversed defendants judgment of sentence.

  • Commonwealth v. Rivera-Figueroa

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1765

    The appellate court granted defendant, a sex offender, the opportunity to seek relief under the holding in Commonwealth v. Muniz, which found the Sexual Offender Registration and Notification Act unconstitutional, because the holding created a substantive rule that retroactively applied in the collateral context. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Murray

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1764

    The U.S. Supreme Courts decision in Riley v. California, 134 S.Ct. 2473 (2014), holding that the Fourth Amendment generally requires police to obtain a warrant before searching a suspects cell phone incident to an arrest, did not apply to defendant, who was on parolee at the time of the challenged search. The court affirmed defendants judgment of sentence.

  • In re Risperdal Litig.

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1750

    Trial court erred in permitting fact witness to offer opinion without determining whether witness qualified as expert, where testimony offered sole alternative explanation for plaintiffs injury. Judgment reversed, case remanded.

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  • Commonwealth v. McCullough

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1110

    The trial court did not err in removing defendant from the sexual offender registry pursuant to the holding in Commonwealth v. Muniz, which overruled Commonwealth v. Demora and held that the Sexual Offender Registration and Notification Act was an unconstitutional ex post facto law when applied retroactively to sexual offenders convicted of applicable crimes before the acts effective date. The court affirmed the trial courts order.

  • Commonwealth v. Wilcox

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1751

    Criminal defendant could not raise PCRA petition pursuant to the holding in Birchfield v. North Dakota, where defendant had knowingly and voluntarily pled guilty to DUI, did not preserve a challenge to his warrantless blood draw, and was not raising a challenge to the legality of his sentence or voluntariness of guilty plea. Order of the PCRA court affirmed.

  • Commonwealth v. Woeber

    Publication Date: 2017-11-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1752

    Trial court erred in excluding testimony of sexual assault victims exculpatory and contradictory statements under the Rape Shield Law. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Maguire

    Publication Date: 2017-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1109

    The trial court erred in suppressing evidence of defendants consumption of alcohol since the Tarbert/Blouse guidelines did not apply to the warrantless inspection of defendants commercial vehicle, which inspection satisfied the requirements of New York v. Burger. The court reversed an order granting defendants motion to suppress.

  • Commonwealth v. Hart

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1114

    The trial court erred in denying defendants petition to withdraw his nolo contendere plea to invasion of privacy where defendant was not informed that he would be subject to the registration requirements of the Sexual Offender Registration Notification Act, now considered a punishment, and thus the plea was not knowing, intelligent and voluntary. The court reversed an order denying defendants petition to withdraw his plea.