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  • Fisher v. Am. Int'l Indus.

    Publication Date: 2024-04-26
    Practice Area: Products Liability
    Industry: Consumer Products | Manufacturing
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 106 EDA 2023

    Asbestos defendant appealed the trial court's judgment awarding damages to appellee plaintiff after a jury trial. The court affirmed in part, vacated in part, and remanded, holding in pertinent part that the trial court erred in apportioning strict asbestos liability among remaining defendants on plaintiff's claims on a non-pro-rata basis, as was required under the Fair Share Act.

  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.

  • Commonwealth v. Wright

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 124 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered after his jury conviction on charges of kidnap to facilitate a felony, robbery, and making terrorist threats. The court affirmed, holding that appellant's conviction was not against the weight of the evidence where his victim identified him by his eyes and other evidence linked him to the crimes charged. The court held further that the victim's voice identification of appellant was admissible at trial despite the fact that police played only a single voice sample for th

  • Nigon v. Jewell

    Publication Date: 2024-04-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 671 WDA 2023

    Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.

  • Shook v. Lehigh Valley Rest. Group, LLC

    Publication Date: 2024-04-19
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1861 EDA 2023

    Appellant restaurant appealed the grant of a new trial on damages in appellee's slip and fall case and court reversed trial court's grant of a new trial on damages and remanded for the court's consideration of appellee's claim that the jury's $1,000 verdict was against the weight of the evidence. Order reversed.

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Commonwealth v. Ellis

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 742 MDA 2023

    Defendant appealed the trial court's judgment of sentence imposing a life term on defendant's jury conviction for murder and related crimes. The court affirmed, holding that the trial court did not violate defendant's right to remain silent by directing defendant to remove nonprescription eyeglasses that defendant wore during his jury trial.

  • Commonwealth v. Kline

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 942 MDA 2023

    Appellant appealed his sentence after a jury found him guilty of multiple counts relating to the sexual abuse of the victims, his minor children. Sentence affirmed.

  • Commonwealth v. McIntyre

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 354 EDA 2023

    The court affirmed appellant's judgment of sentence following his conviction for person prohibited from possessing a firearm in violation of 18 Pa. C.S A. §6105(a)(1) against a challenge that §6105 is unconstitutional in the wake of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

  • Schwartz v. Kelly Serv., Inc.

    Publication Date: 2024-04-12
    Practice Area: Contracts
    Industry: Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 755 EDA 2023

    Appellant appealed the denial of its motion to compel arbitration in dispute over teacher's employment and court found the record was inadequate and trial court erroneously resolved a question of fact. Vacated and remanded.

  • 1700 Market St. Assoc., L.P. v. Common Grounds 1700 Market St., LLC

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1314 EDA 2023

    Court correctly granted unpaid rent up to repossession of premises where landlord had followed the statutory eviction procedures and thus could not recover rent after tenant turned over possession. Order of the trial court affirmed.