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  • Commonwealth v. Yachimowski

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0527

    Trial court erred in failing to give parental justification instruction where installing baby gates to block minor child from leaving her room constituted a use of force toward the child and where parents testified the gates were used to prevent the child from wandering in the middle of the night and injuring herself. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Maxwell

    Publication Date: 2020-05-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0497

    Defendant's untimely Post Conviction Relief Act petition could not be saved by the newly-discovered factexception, at 42 Pa.C.S. §9545(b)(1)(ii), as the evidence defendant relied upon was merely a new source of information that confirmed facts and claims defendant had previously raised. The appellate court affirmed defendant's judgment of sentence.

  • Rounick v. Neducsin

    Publication Date: 2020-05-11
    Practice Area: Contracts
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0484

    Trial court properly granted post-trial relief and entered judgment in favor of gambler in action over a promissory note because the issue of the validity of the contract was preserved for appeal and note was unenforceable as satisfaction of an illegal gambling debt. Affirmed.

  • Commonwealth v. Cook

    Publication Date: 2020-04-27
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0428

    The trial court erred in finding that the psychotherapist-client privilege in 42 Pa.C.S. §5944 applied to incriminating statements defendant made to a fellow patient while at a mental health treatment center since he did not make the statements to a member of his treatment team during treatment and the statements were not confidential. The superior court vacated in part and remanded.

  • In re: C.B.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0337

    The trial court did not err in holding that the evidence of pending criminal charges against mother arising from an incident of alleged child abuse, in itself, did not justify termination of her parental rights under either 23 Pa.C.S. §§2511(a)(5) or 2511(a)(8). The appellate court affirmed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

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  • Keesee v. Dougherty

    Publication Date: 2020-03-30
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0347

    Trial court erred in denying defendants' motion to stay plaintiff's civil action for damages because trial court did not weigh all six of the factors in In re Adelphia Communications Sec. Litig., 2003 WL 22358819, before deciding to deny the motion to stay. Order vacated, remanded.

  • Commonwealth v. Marshall

    Publication Date: 2020-03-23
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0308

    The lower court's denial of the Defender Association of Philadelphia's motions to withdraw was contrary to the state high court's mandate that an advocate for an indigent party must have the time, resources and skill to adequately represent an indigent party to guarantee his or her constitutional right to counsel. The superior court reversed and remanded.

  • In re M.B.

    Publication Date: 2020-02-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0201

    State police appealed trial court's expungement of petitioner's §302 commitment, finding the §303 commitment was "entirely invalid" and granting relief from the firearm disability and court found trial court used the wrong standard of proof in expunging the §302 commitment, it was manifestly unreasonable to find the §303 certification pertained to another individual and trial court lacked authority to find that certification "invalid." Vacated in part.

  • Lynn v. Aria Health Sys.

    Publication Date: 2020-02-03
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0111

    Trial court erred in granting plaintiff's motion to reinstate its third amended complaint because trial court did not have subject matter jurisdiction to consider anything that was filed at the original 2009 state court docket as that action was removed to federal court and never remanded. Order vacated.

  • Linde v. Linde

    Publication Date: 2019-11-18
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1366

    Trial court erred when it ordered appellants to respond to appellee's discovery in aid of execution requests during the pendency of the stay of execution since appellants' supersedeas bond triggered a stay of execution on the judgment. Vacated.