• In Re: J.D.H

    Publication Date: 2017-10-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1596

    Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.

  • In Re: Estate of Easterday, deceased

    Publication Date: 2017-10-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1594

    Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.

  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Horn

    Publication Date: 2017-10-24
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1590

    The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.

  • Breslin v. Mountain View Nursing Home, Inc.

    Publication Date: 2017-10-17
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1552

    Plaintiffs amended complaint sufficiently pled a claim of corporate negligence against the defendant nursing home where the five factors set forth Althaus v. Cohen, as applied here.

  • Law Journal Press | Digital Book

    Leveraged Buyouts

    Authors: Joseph W. Bartlett, Peter L. Korn, Jr., David J. Mittelstadt, Cathy L. Reese, Michael A. Rueda

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  • Commonwealth v. Powell

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1558

    Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.

  • Commonwealth v. Rose

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1559

    Detective erroneously permitted to testify as to meaning of street language where not a participant in the conversation, or qualified as an expert.

  • Mark Hershey Farms, Inc. v. Robinson

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure | Corporate Entities | Trusts and Estates
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1566

    Trial court erred in finding appellant beneficiary and executor of estate personally liable for bill for animal feed delivered to farm business owned by estate because there was no legal theory to justify extending piercing the corporate veil.

  • Banks v. Cooper

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1927

    The trial court abused its discretion in denying plaintiffs petition to open a judgment of non-pros without considering lesser sanctions, the potential prejudice to defendants and, inter alia, whether counsels mistake in failing to appear was part of a pattern of misconduct.

  • Commonwealth v. Machicote

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1556

    Trial court did not err in sentencing juvenile defendant to a life sentence while also imposing a minimum term-of-years sentence, because it would grant the juvenile the possibility of parole following completion of the minimum sentence.