• Gito, Inc. v. Axis Architecture, P.C.

    Publication Date: 2021-12-27
    Practice Area: Contracts
    Industry: Construction | Education
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1498

    Anti-assignment clause barring assignment of a contract or rights/obligations under the contract did not by itself preclude assignment of post-performance claims for damages. Order of the trial court reversed, case remanded.

  • Keystone Specialty Servs. Co. v. Ebaugh

    Publication Date: 2021-12-06
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1412

    Tenant's appeal from summary judgment dismissal of personal property damage claim denied where tenant failed to identify the specific errors complained of on appeal. Order of the trial court affirmed.

  • Commonwealth v. Moore

    Publication Date: 2021-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1233

    Driver's admission to consumption of marijuana combined with defendant's uncooperativeness and demands that police not search his bag inside of a vehicle gave officers probable cause to search both the vehicle and the bag. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Fretts

    Publication Date: 2021-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1202

    Homicide by vehicle charge properly quashed where the commonwealth's evidence showed that driver failed to yield to bicyclist that was not visible to driver despite looking and where vehicle code violations alone only amounted to negligence rather than recklessness. Order of the trial court affirmed.

  • Capstone Capital Group, LLC v. Alexander Perry, Inc.

    Publication Date: 2021-10-18
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1200

    Assertion of meritorious defense was insufficient to support petition to open a foreign judgment, where a judgment debtor could only attack the validity of a foreign judgment on jurisdictional or procedural grounds. Order of the trial court affirmed.

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    Texas Personal Automobile Insurance Policy 2020

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  • Sullivan v. Holy Redeemer Hosp. & Med. Ctr.

    Publication Date: 2021-10-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1167

    Trial court erred in holding that plaintiff's complaint asserting damages for a vaccine-related injury was not subject to the National Childhood Vaccine Injury Act's exhaustion of remedies requirement. Reversed.

  • Clark v. Peugh

    Publication Date: 2021-07-12
    Practice Area: Damages
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0794

    Criminal defendant could not file civil claims to challenge a victim's representations supporting a restitution order, where the appropriate remedy would be to seek amendment of the sentencing order with the sentencing court. Order of the trial court affirmed.

  • Commonwealth v. Wroten

    Publication Date: 2021-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0730

    Trial court erred in denying commonwealth's motion to refile and dismissing assault, official oppression and harassment charges against appellee police officer because commonwealth demonstrated probable cause that appellee committed simple assault and caused "bodily injury" to train commuter, committed official oppression and committed the harassment offense. Reversed.

  • Penn Psychiatric Ctr., Inc. v. United States Liab. Ins. Co.

    Publication Date: 2021-06-28
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0738

    Employment practices insurance policy could not cover harassment and sexual abuse claims filed by former clients where the policy only covered wrongful torts arising from an employment relationship and the former clients had not alleged that they had been discriminated against based on a protected characteristic. Order sustaining demurrer affirmed.

  • Xtreme Caged Combat v. Zarro

    Publication Date: 2021-03-08
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0255

    Trial court properly granted one defendant's motion for a compulsory nonsuit but erred in granting other defendant's motion in plaintiff's action under the Pennsylvania Uniform Fraudulent Transfer Act because evidence failed to show a fraudulent transfer as to one defendant but was sufficient for a jury to find that debtor gave the second gym to friend for no consideration. Affirmed in part, vacated in part.