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Publication Date: 2023-04-03
Practice Area: Labor Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1473 MDA 2021
Trial court properly dismissed appellant's action asserting union's promulgation of a schedule of fees in connection with its representation of non-members like appellant in the context of various employment grievances constituted a violation of the duty of fair representation because the mere fact of implementing a fee schedule did not show a violation of the duty of fair representation and appellant failed to show union acted arbitrarily, irrationally or fraudulently. Affirmed.
Publication Date: 2023-04-03
Practice Area: Dispute Resolution
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Judge Bowes
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for defendant:
Case Number: 2615 EDA 2021
Trial court properly denied defendant's motion to compel arbitration to resolve the negligence claims of non-signing spouse and children hurt in trampoline park accidents because defendant failed to show signing spouse was the agent of the non-signing spouse and the parent-child relationship did not empower the signing parent to waive minor child's rights to have their claims resolved in a court of law. Affirmed.
Publication Date: 2023-02-13
Practice Area: Civil Procedure
Industry: Legal Services
Court: Superior Court
Judge: Judge Bowes
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Case Number: 1519 EDA 2021
Trial court erred in denying appellant's petition to vacate the administrative dismissal of his civil action because trial court relied on an incorrect procedural rule and overlooked the deferred status of appellant's case and the undisputed misrepresentations of appellant's attorney after his license was suspended provided an adequate explanation for appellant's delay in seeking to vacate the dismissal. Reversed.
Publication Date: 2023-01-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
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Case Number: 2088 MDA 2018
Trial court properly denied evidence obtained from search where warrant was overbroad due to failure to incorporate time limitation consistent with the probable cause established by the supporting affidavit. Order of the trial court affirmed.
Publication Date: 2023-01-09
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1157 EDA 2021
Defendant forfeited any challenge to denial of motion in limine seeking to preclude evidence of a prior conviction, where defendant made strategic decision to introduce the conviction himself during his direct testimony. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2022-12-19
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1552 EDA 2022
Appellant challenged juvenile court's issuance of a stay-away order in action relating to child's adoption and court found juvenile court denied appellant the opportunity to be heard before issuing the order and denied his due process rights. Vacated.
Publication Date: 2022-12-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 646 EDA 2021
Defendant hospital challenged trial court's rulings on privileged documents in plaintiffs' wrongful death and survival actions and court found most of the documents and reports were protected by the Peer Review Protection Act or the Medical Care Availability and Reduction of Error Act. Affirmed in part and reversed in part.
Publication Date: 2022-12-05
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 2017 EDA 2021
Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.
Publication Date: 2022-10-31
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 644 WDA 2021
Trial court erred in excluding 911 call and bodycam footage of EMS treatment where such evidence was nontestimonial as interactions between the alleged victim and first responders were intended to ascertain the nature of the emergency and the extent of the victim's injuries. Order of the trial court reversed, case remanded.
Publication Date: 2022-10-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 113 WDA 2022
Parents appealed the involuntary termination of their parental rights and court found no abuse of discretion because father's nolo contendere plea to aggravated abuse of infant was enough to satisfy the statute, mother did not fully address the underlying conditions and Allegheny County Children Youth and Families met its burden under §2511(a) and §2511(b). Affirmed.
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