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  • Carrero v. Lopez

    Publication Date: 2023-08-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1606 MDA 2022

    Trial court abused discretion in denying relocation petition by focusing solely on father's relationship with children and making no findings concerning primary custodial mother's relationship and ignoring substantial benefits mother would have from relocation that would flow to the children. Order of the trial court vacated, case remanded.

  • Halpern v. Ricoh U.S.A., Inc.

    Publication Date: 2023-08-14
    Practice Area: Consumer Protection
    Industry: Consumer Products | Manufacturing
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 226 EDA 2023

    Trial court erred in dismissing plaintiff's putative class action under the Pennsylvania Uniform Trade Practices and Consumer Protection Law based on plaintiff's failure to plead "any false or deceptive statements" because lack of such statement did not defeat a claim for relief under the CPL-catch-all provision but plaintiff's action based on deception by omission failed because he failed to plead and prove a duty to disclose. Affirmed.

  • White v. Malecki

    Publication Date: 2023-07-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1548 MDA 2022

    Trial court properly awarded father primary custody and granted father's request to relocate child to his home in Germany but abused its discretion in obligating mother to pay for nearly all of child's transportation costs in order to exercise her partial custody. Affirmed in part and vacated in part.

  • Commonwealth v. Berrios

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1094 MDA 2022

    Open lewdness statute was not unconstitutionally vague where defendant's statements upon being confronted by law enforcement indicated she knew that exposing her breasts was illegal, as the statute implicitly excluded breastfeeding from criminal liability. Judgment of sentence affirmed.

  • Elite Care, Rx, LLC v. Premier Comp Solutions, LLC

    Publication Date: 2023-06-12
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1144 WDA 2020

    Trial court properly overruled workers' compensation insurers' preliminary objections to healthcare providers' billing agent's lawsuit, since the Bureau of Workers' Compensation lacked jurisdiction to hear the billing agent's fraud claims against the insurers. Order of the trial court affirmed.

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  • Commonwealth v. Santiago

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 940 EDA 2022

    Concussion constituted a serious bodily injury supporting a conviction for aggravated assault where the victim suffered symptoms of confusion, visual changes, disorientation, and migraines for several weeks following the assault. Judgment of sentence affirmed.

  • Crespo v. Hughes

    Publication Date: 2023-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | Legal Services
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1313 EDA 2022

    Trial court erred in denying as moot motion to compel compliance with charging order based solely on the prior judge's recusal from the matter, as recusal had no effect on the live controversy between the parties. Order of the trial court vacated, case remanded.

  • Commonwealth v. Roberts

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 301 WDA 2022

    Defendant subject to lifetime registration under prior registration scheme could be convicted of failing to comply with Sex Offender Registration and Notification Act where lifetime obligation continued under the statute and defendant knew he had not updated his registration. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1185 WDA 2021

    Rules of criminal procedure required dismissal of vehicle code infraction case due to citing officer's failure to appear for trial de novo, even though defendant also failed to appear. Judgment of conviction and sentence vacated, case dismissed.

  • Commonwealth v. Coniker

    Publication Date: 2023-03-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23 WDA 2022

    Harassment conviction sustained where there was sufficient evidence to find that defendant had communicated threats of violence with weapons that caused the lockdown of a court office and also caused law firm office staff to flee their office. Judgment of sentence affirmed in part, vacated and reversed in part.