Filter This View

  • Milshteyn v. Fitness Int'l LLC

    Publication Date: 2022-03-07
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0244

    Trial court properly granted summary judgment to fitness facility in plaintiffs' slip and fall action because the membership agreement plaintiffs signed was not a contract of adhesion, release in the agreement foreclosed plaintiffs' claims and plaintiffs' claim for gross negligence constituted a wholly distinct claim from the claims presented in their original complaint. Affirmed.

  • Bean Sprouts LLC v. Lifecycle Const. Serv. LLC

    Publication Date: 2022-03-07
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0259

    The court held that the lower court did not err when it found that appellee did not have the requisite minimum contacts with Pennsylvania for the trial court to exercise jurisdiction. Trial court's decision affirmed.

  • McDaniels v. Rutter

    Publication Date: 2021-10-04
    Practice Area: Banking and Finance Laws
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1136

    Trial court properly found bank account owner did not create a gift to appellant by depositing money into a joint account because, under the Pennsylvania Multiple Party Accounts Act, ownership of funds in a joint account was presumed to be in proportion to the net contributions of the still living parties and appellant's complaint was legally insufficient to establish her right to 50 percent of the funds deposited by owner. Affirmed.

  • Salsberg v. Mann

    Publication Date: 2021-09-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1122

    Since plaintiff was at-will employee who could be discharged at any time, for any or no reason, she did not have any reasonable expectation of continued employment guaranteed by contract and, thus, could not state a cognizable claim for intentional interference with existing contractual relations. The superior court affirmed.

  • In the Interest of: A.D.-G.

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1094

    While §6302(1) of the Juvenile Act does not mention sexually violent predator status as a relevant factor in determining whether a child is dependent, the juvenile court did not err in considering father's SVP status since the legislature drafted §6302(1) to encompass the many circumstances that may cause a child to be without proper parental care or control. The superior court affirmed.

  • Law Journal Press | Digital Book

    Lancaster County & Berks County Court Rules 2023

    Authors:

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Campbell

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0726

    Appellant appealed his conviction for terroristic threats and court found his statement was not mere transitory anger where appellant assaulted victim, threatened to "finish" him, left and returned with a weapon and assaulted victim again. Affirmed.

  • Commonwealth v. Wiggins

    Publication Date: 2021-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0397

    Post Conviction Relief Act petition properly denied where defendant failed to assert facts giving rise to a colorable claim that his Rule 600 rights had been violated. Order of the trial court affirmed.

  • Commonwealth v. Lopez

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0363

    Trial court was not obligated to conduct ability-to-pay hearing unless a defendant was facing the prospect of incarceration for defaulting on payment of mandatory court costs. Judgment of sentence affirmed.

  • Spencer v. Johnson

    Publication Date: 2021-03-29
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0344

    Trial court erred in failing to grant plaintiff's motion to mold the verdict, in his automobile accident case, pursuant to the fair share act since jury's general verdict warranted a finding that employer car owner was vicariously liable for employee's negligence and joint and several liability applied. Affirmed in part and reversed in part.

  • In the Interest of: J.B.

    Publication Date: 2021-03-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0275

    Trial court erred in discharging dependency petition and transferring full custody to non-custodial parent without first holding evidentiary hearing to determine that prior custodial parent was unable to care for child. Order of the trial court vacated, case remanded.