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  • Kessock v. Conestoga Title Ins. Co.

    Publication Date: 2018-08-21
    Practice Area: Real Estate
    Industry: Insurance | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0978

    Joinder of additional defendants affirmed where additional defendants were not prejudiced by untimeliness of joinder motion and where statute of limitation on crossclaims for indemnification had not yet begun to run since the obligation to pay damages to a third-party, triggering indemnification, had not yet arisen. Judgment affirmed.

  • In re: The Estate of McAleer, deceased

    Publication Date: 2018-08-21
    Practice Area: Discovery | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0977

    Discovery order directing trustee to produce unredacted attorney invoices incurred during trust administration/accounting not appealable as collateral order where invoices necessary for trust beneficiaries to redress breaches and therefore unprotected by attorney-client privilege or work product doctrine. Appeal quashed.

  • U.S. Bank, N.A. v. Hua

    Publication Date: 2018-08-14
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0958

    All of appellants' issues in their challenge to a mortgage foreclosure were waived because of their untimely filing of the court-ordered Pa.R.A.P. 1925(b) statement and the perfection of appellate jurisdiction was not intended to modify filing deadlines established prior to the court's awareness of the lack of entry of judgment or to ameliorate the failure to preserve issues. Affirmed.

  • In re J'K.M.

    Publication Date: 2018-07-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0831

    Trial court erred in refusing to appoint a separate guardian ad litem, in case where attorney was both child's attorney and GAL, because 16 year-old child and GAL had diametrically opposed positions on child's placement and the divergent opinions constituted a conflict. Reversed.

  • Commonwealth v. Enix

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0825

    Defendant was deprived of a fair and impartial trial in this criminal matter where the trial judge lectured the jury extensively regarding the court's own opinion regarding the credibility of the witness upon whose testimony the commonwealth's case against defendant depended. The appellate court vacated defendant's judgment of sentence and remanded.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • In Re: Trust Created Under the Will of Cohen

    Publication Date: 2018-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0690

    Orphans' court properly applied cy pres doctrine to affirm successor to trust beneficiary, where successor charity fulfilled testator's intent to provide for physical well-being of community by bequeathing to non-profit hospital so long as it served community health. Order of the orphans' court affirmed.

  • Commonwealth v. Moser

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0660

    Trial court erred in granting suppression pursuant to Birchfield v. North Dakota where voluntary consent obtained prior to suspect being read implied consent form warning of enhanced criminal penalties for refusal of consent to a blood draw. Order of the trial court reversed, case remanded.

  • Thompson v. Thompson

    Publication Date: 2018-05-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0582

    The trial court erred in incorporating stipulations between plaintiff and domestic relations office over the arrears in her child support into its order because the agreement imposed an illegal indefinitely suspended sentence and trial court also erred in failing to grant in forma pauperis status. Reversed and vacated.

  • Hoffman v. Gongaware

    Publication Date: 2018-05-22
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0610

    Trial court erred in dismissing conversion and unjust enrichment complaint stemming from removal of timber where evidence suggested plaintiffs reserved for themselves a real property interest in the timber. Order of the trial court reversed, case remanded.

  • Cook v. Cook

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0608

    Denial of permanent alimony properly denied where wife filed incredible monthly budget that exceeded her monthly income and husband credibly testified as to the parties' standard of living during the marriage. Order of the trial court affirmed in part and denied in part.