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  • Commonwealth v. Diggs

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1226

    The trial court did not err in dismissing defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant's alleged newly discovered evidence could have been obtained at or prior to trial through reasonable diligence. The appellate court affirmed.

  • Commonwealth v. Hunt

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1207

    Trial court erred in ordering restitution to a limited liability company where the restitution statue at the time of the offense and at sentencing excluded corporate entities from the definition of a victim eligible for restitution. Order of the trial court reversed, sentence vacated, case remanded.

  • In the Interest of D.W.

    Publication Date: 2019-10-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1209

    Juvenile court properly found that minor's out-of-home placement was warranted because record did not support minor's contention that returning home would satisfy his need for treatment, supervision and rehabilitation. Affirmed.

  • Wilmington Trust, Nat'l Ass'n v. Unknown Heirs of Brolley

    Publication Date: 2019-09-30
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1150

    Trial court erred in entering an in rem judgment in a subsequent mortgage foreclosure action because mortgagee was attempting to relitigate a completed mortgage foreclosure proceeding in which a judgment was already obtained. Judgment vacated.

  • Commonwealth v. Stansbury

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1116

    Court could consider appeal filed with single notice from multiple dockets where PCRA court erroneously advised appellant he could file single notice of appeal, but petition was correctly dismissed where appellant's issues were already litigated on direct appeal. Order of the PCRA court affirmed.

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  • In the Interest of J.J.M.

    Publication Date: 2019-09-23
    Practice Area: Family Law
    Industry: Education
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1119

    Juvenile court properly adjudicated appellant delinquent based on terroristic threats because appellant's statements made at school expressed an intent to cause harm and an indication of impending menace, he consciously disregarded a substantial and unjustifiable risk that his threat would terrorize his fellow students and he communicated a true threat that was not protected by the first amendment. Affirmed.

  • Richards v. Ameriprise Financial, Inc.

    Publication Date: 2019-09-09
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking | Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1063

    Trial court erred in amending verdict to add restitution damages to the treble damages awarded in plaintiffs UTPCPL action and in awarding some of the attorney fees. Affirmed in part, reversed in part and remanded.

  • Tinkham v. Janssen Pharm. Inc.

    Publication Date: 2019-07-29
    Practice Area: Consumer Protection
    Industry: Health Care | Pharmaceuticals
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0884

    Trial court erred in entering a non-suit in plaintiff's failure-to-warn action against drug manufacturer because the issue of whether scientific evidence of causation was reliable enough to survive a compulsory nonsuit was a procedural inquiry and was governed by Pennsylvania law and plaintiffs' evidence was legally sufficient under Pennsylvania law to make out a prima facie failure-to-warn case under Texas substantive law. Vacated and reversed.

  • Marshall v. Brown's IA, LLC

    Publication Date: 2019-07-08
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0779

    Trial court abused its discretion in denying appellant's requested adverse inference jury charge, when store retained less than an hour of video surveillance of the site of appellant's fall despite letter from her counsel asking store to retain more than six hours of video, because there was no legal or factual support for trial court's finding that no relevant evidence was destroyed. Vacated.

  • In the Interest of T.G.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0525

    Juvenile court erred in finding that mother's neglect of child's medical conditions was not tantamount to child abuse because the record was devoid of any evidence to support the juvenile court's conclusion that child's failure to thrive was the result of preexisting medical conditions. Reversed in part.