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  • Barbounis v. The Middle E. Forum

    Publication Date: 2021-06-21
    Practice Area: Evidence
    Industry: Non-Profit
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0697

    Defendant could not rely on out-of-court hearsay statements to support its motion for summary judgment on counterclaims against the plaintiff where it failed to demonstrate that two exceptions to the rule against hearsay, i.e., statements against interest and wrongfully causing a declarant's unavailability, applied. The court granted plaintiff's motion to dismiss defendant's counterclaims.

  • Commonwealth v. Yale

    Publication Date: 2021-05-10
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0524

    Lower courts erred in applying Pa.R.E. 404(b) to evidence of third person guilt offered by a defendant and found Pa.R.E. 401-403 applied to the admissibility of the evidence. Vacated and remanded.

  • Commonwealth v. Dirosa

    Publication Date: 2021-04-19
    Practice Area: Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0418

    The prosecution produced sufficient evidence from which the trial court could infer that defendant was in actual physical control of the movement of his motor vehicle where the arresting officers found him parked outside a convenience store and slumped over in the driver's seat with the engine running and no one else in the car. The appellate court affirmed.

  • Kivett v. Neolpharma, Inc.

    Publication Date: 2021-04-12
    Practice Area: Evidence
    Industry: Manufacturing | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0401

    Defendants moved to seal exhibits attached to their motion for summary judgment and court found defendants failed to make specific, detailed showing about the harm that would result from disclosure. Motion denied.

  • Commonwealth v. Tillery

    Publication Date: 2021-04-12
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0395

    Where the vehicle code did not require use of a turn signal when moving from a traffic lane to a parking spot, police lacked probable cause to initiate a traffic stop, requiring suppression of evidence recovered during the stop. Order of the trial court affirmed.

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  • Shaffer v. Pennsbury Sch. Dist.

    Publication Date: 2021-03-29
    Practice Area: Evidence
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0341

    Plaintiff moved to compel production of redacted portions of a deposition in another case and court found that when a witness was repeatedly allowed to reveal privileged information in response to questions posed by counsel for holder of the privilege, counsel failed to take "reasonable steps to prevent disclosure" as required by rule 502(b)(3) and the privilege was waived. Motion granted in part.

  • Commonwealth v. Hudson-Greenly

    Publication Date: 2021-03-08
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0244

    The trial court properly allowed the minor victim to testify by a contemporaneous alternative method where the victim's testimony, coupled with the trial court's observations, supported a finding that defendant's presence would have caused the victim serious emotional distress and impaired her ability to communicate in the courtroom. The superior court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2021-02-08
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0128

    The trial court erred in barring defendant from calling a witness to impeach a commonwealth witnesses' previously-admitted hearsay statement; however, the error was harmless as the evidence of defendant's guilt was overwhelming by comparison to the error such that it could not have contributed to the guilty verdict. The superior court affirmed defendant's conviction.

  • Hand v. DiMauro

    Publication Date: 2021-02-01
    Practice Area: Evidence
    Industry: Transportation
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0022

    Even assuming arguendo that plaintiff's liability expert's opinion involving the "rule of three" as applied to commercial drivers could be deemed novel science, the expert's opinions were sufficiently supported by the evidence of record, including empirical studies and industry research. The court denied defendants' motion to exclude.

  • Adams v. Rising Sun Med. Ctr.

    Publication Date: 2021-01-11
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0002

    The trial court committed reversible error in precluding plaintiff from offering evidence of decedent's statements to medical personnel about her symptoms and family medical history, as such testimony was admissible under the medical treatment hearsay exception in Pa.R.Evid. 803(4), which does not require testimony from a health care provider. The superior court granted plaintiff a new trial.