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  • Harley v. Healthspark Found.

    Publication Date: 2021-11-01
    Practice Area: Labor Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1274

    Trial court erred in ruling that employees earned leave benefits for a calendar year over the course of the prior year, where employer's fringe benefits policy expressly stated that leave was "earned" on January 1 of a particular year. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Trust Under Deed of Ott

    Publication Date: 2021-10-25
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1244

    Co-trustees objected to account of an inter vivos trust and court found orphans' court correctly limited bank's trust administration fee and properly granted a one-time principal fee. Affirmed.

  • Commonwealth v. Harrington

    Publication Date: 2021-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1196

    The trial court did not err in admitting video surveillance that tracked the interaction between defendant's cousin and the police officer that her cousin shot as such evidence was relevant to prove the underlying crime by defendant's cousin, which was an element of the offense of hindering apprehension or prosecution. The superior court affirmed defendant's judgment of sentence.

  • In the Interest of: D.C.

    Publication Date: 2021-09-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1086

    Child sexual assault victim's out-of-court statements were properly admitted under Tender Years Hearsay Act where sufficient evidence supported trial court's determination that the victim's statements were sufficiently reliable and that requiring the victim to testify in court would cause significant mental distress. Order of the trial court affirmed.

  • Harris v. Couttien

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0993

    Trial court erred in dismissing complaint for defective service where opposing party suffered no prejudice from the improper service itself. Order of the trial court vacated, case remanded.

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  • Smithson v. Columbia Gas of PA

    Publication Date: 2021-08-23
    Practice Area: Civil Appeals
    Industry: Energy
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0971

    Court found pro se litigant's appeal was timely but his disregard for the rules of appellate procedure left the court without the ability to conduct effective review. Appeal dismissed.

  • Kaur v. Singh

    Publication Date: 2021-08-16
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0934

    PFA order restricting defendant from attending plaintiff's house of worship when plaintiff was present did not constitute unlawful restriction on defendant's exercise of religion where defendant could attend other temples of his religion and restricting defendant from attending a specific temple when plaintiff was present was reasonably tailored to protect plaintiff. Order of the trial court affirmed.

  • Commonwealth v. Morgan

    Publication Date: 2021-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0881

    Trial court erred in imposing the same previously vacated aggregate sentence at resentencing without conducting a de novo review of the sentencing record or explaining how the sentence was individualized to the defendant as he appeared before the court at resentencing. Sexually violent predator designation affirmed, judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Morgan

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0850

    Although akin to a form of public shaming, sexually violent predator designation did not violate the constitutional right to reputation where it was imposed following a hearing process that observed a criminal defendant's due process rights and where the designation served the compelling state interest of public safety. SVP designation affirmed. Judgment of sentence reversed, case remanded for resentencing.

  • Mkt. Square Prop. Dev., LLC v. TGRG, LLP

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0711

    Trial court properly found that a lease restriction appellants created on the part of a parcel of land appellants leased did not encumber the entire property that a third party owned. Affirmed.