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  • Nitkin v. Main Line Health

    Publication Date: 2021-11-15
    Practice Area: Evidence
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1337

    The notes taken by the medical director of plaintiff's former employer were non-hearsay and, therefore, admissible as they fell within the party-opponent exclusion of Fed.R. Evid. 801(d)(2)(D), which allows for statements made by an employer's agent or employee on a matter within the scope of that relationship and while it existed. The court denied in part defendant's motion in limine.

  • Mertz v. Sturtevant

    Publication Date: 2021-11-15
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1220

    The court found that the admissions made in defendant's guilty plea to the charge of aggravated assault supported a grant of summary judgment in plaintiff's civil case against defendant on the issues of liability and causation because the operative facts in the criminal and civil cases were identical. Partial summary judgment granted to plaintiff.

  • Commonwealth v. Green

    Publication Date: 2021-10-25
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1228

    The trial court erred in admitting evidence of prior bad acts in defendant's murder trial where the proffered evidence regarding a prior incident did not demonstrate a common scheme, plan or design to target grandmothers of defendant's protagonists. The appellate court reversed and remanded.

  • Commonwealth v. Page

    Publication Date: 2021-10-25
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1158

    The minor victim's out-of-court statements to her grandparents and a caseworker describing a criminal sexual offense by her father were admissible under the Tender Years Hearsay Act as the proffered evidence was relevant and imbued with "sufficient indicia of reliability" to allow for its admission. The court granted the commonwealth's petition.

  • United States v. Kraynak

    Publication Date: 2021-09-27
    Practice Area: Evidence
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1110

    Government moved to exclude doctor's expert's testimony in case where doctor was indicted for unlawful distribution of controlled substances and deaths from those substances and court found expert's opinions were not reliable and had limited probative value, were likely to mislead the jury and would distract jury from the central questions of whether doctor issued prescriptions without a legitimate medical purpose and whether the prescribed drugs were the but-for cause of death of the decedents. Motion granted.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • United States v. Hovan

    Publication Date: 2021-09-13
    Practice Area: Evidence
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1059

    Defendant, charged with conspiring to purchase and sell Iranian oil, moved to suppress evidence and argued his consent to search his personal and work phones was coerced and court found well-educated businessman was given his Miranda warnings, agreed to talk to FBI agents, made several unprompted offers early in the interview to show the agents the contents of his phones and signed the consent to search forms after 32 minutes of a polite and conversational interview. Motion denied.

  • Commonwealth v. Barasky

    Publication Date: 2021-08-16
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0802

    Defendant successfully argued that law enforcement used an unreliable confidential informant and did not establish that defendant was on the other end of a phone conversation with the CI during a controlled buy where the CI had never been used in such a capacity and there were no other facts to substantiate the CI's information. The court granted defendant's motion to suppress.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2021-08-09
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0916

    The trial court erred in admitting a victim's compound hearsay statement into evidence at her husband's murder trial as the fact-bound aspect of the victim's hearsay note could not be bootstrapped into admissibility merely because the statement contemporaneously contained some expression of the victim's state of mind. The high court granted defendant a new trial.

  • Allstate Ins. Co. v. LG Elec. USA, Inc.

    Publication Date: 2021-07-26
    Practice Area: Evidence
    Industry: Electronics | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0857

    Where plaintiff's expert ruled out all other potential causes of a house fire and determined that there were two potential causes, both of which would be the result of a manufacturing defect, the expert was not required to show which of those two potential causes occurred because either one would impose liability. The court denied defendant's motion to exclude.

  • Thorpe v. City of Philadelphia

    Publication Date: 2021-07-12
    Practice Area: Evidence
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0789

    Incarcerated individuals subpoenaed by defendants, in plaintiff's action alleging investigatory misconduct in his conviction for a murder he did not commit, moved to quash the subpoenas asserting they would assert their fifth amendment rights and court found the motions were premature. Motions denied.