Filter This View

  • Commonwealth v. Hayes

    Publication Date: 2021-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1465

    Trial court erred in excluding Maryland DUI charge as a prior offense, where defendant had been ordered to Maryland's "probation before judgment" program, which could only be imposed following a conviction. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Merced

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1299

    Trial court erred in granting habeas corpus relief to defendant after refusing to consider any of the hearsay evidence offered by the commonwealth, when the commonwealth had submitted a combination of hearsay and direct testimony. Order of the trial court vacated, case remanded for further consideration.

  • In re Adoption of K.M.D

    Publication Date: 2021-09-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1027

    Parents challenged the termination of their parental rights and court found agency's email of the petitions to parents constituted defective service where agency did not attempt service under Pa.O.C. rule 15.6 and §2513 (b) of the Adoption Act. Order vacated.

  • Commonwealth v. Rogers

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1017

    Trial court's weight-of-the-evidence review of its bench trial verdicts was subject to an abuse of discretion standard on appeal. Judgment of sentence affirmed.

  • Commonwealth v. Burke

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1013

    Where the lower courts violated state precedent by relying exclusively on hearsay evidence at preliminary and habeas corpus hearings to find that the commonwealth established a prima facie case against defendant, the proper remedy was discharge without prejudice for the commonwealth to recharge defendant within the unexpired statute of limitations. The superior court reversed.

  • Law Journal Press | Digital Book

    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

    View this Book

    View more book results for the query "*"

  • E.C.-S. v. M.C.S.

    Publication Date: 2021-06-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0683

    Trial court erred in denying father's motion to modify custody and in granting mother's motion for relocation because trial court's decision to forego interviews with the six-and seven-year-old children based solely on their ages constituted an abuse of discretion.

  • Circle K, Inc. v. Webster

    Publication Date: 2021-06-14
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0679

    Trial court properly granted summary judgment to husband and wife in appellant's action over its right of first refusal for a property they gifted to an inter vivos trust for $1.00 because the ROFR was not triggered. Affirmed.

  • Rivers End Animal Sanctuary & Learning Ctr. Inc. v. Eckhart

    Publication Date: 2021-05-24
    Practice Area: Civil Procedure
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0582

    Trial court erred in opening default judgment because defendant failed to establish a meritorious defense and violated rule 237.3 by failing to attach preliminary objections or an answer to petition to open default. Order reversed and subsequent orders vacated.

  • The Bert Co. v. Turk

    Publication Date: 2021-05-24
    Practice Area: Damages
    Industry: Financial Services and Banking | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0568

    Addressing an issue of first impression, the superior court rejected defendants' claim that a $2.8 million punitive damages award violated due process as the court was persuaded by precedent that the computation of damages ratios in multi-defendant cases are on a per-defendant basis, rather than by aggregating all compensatory and punitive damages on a per-judgment basis. The appellate court affirmed.

  • Assocs. of Chapman Lake v. Long

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0493

    Condemnation action that expressly granted predecessors riparian rights to a non-navigable lake meant that owner of parcels beneath the lake could not interfere with the right of successors to those riparian rights to quiet enjoyment and use of the lake's waters. Order of the trial court reversed.