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Publication Date: 2020-08-10
Practice Area: Evidence
Industry: Chemicals and Materials | Manufacturing
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0859
Superior court properly reversed trial court's grant of pesticide manufacturers' Frye motion in product liability action because trial court abused its discretion by reviewing the scientific literature at a granular level to make its own judgments about which studies relied on by plaintiff's experts were scientifically acceptable. Affirmed.
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.
Publication Date: 2020-02-24
Practice Area: Evidence | Health Care Law
Industry: Health Care
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0204
Hospital appealed discovery order directing it to produce the unredacted credentialing file for physician and court found trial court properly relied on Reginelli v Boggs, 181 A.3d 293, to order production of the file since the credentialing committee was a "review organization" and the Healthcare Quality Improvement Act also did not preclude production of the file. Affirmed.
Publication Date: 2020-01-06
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1511
The trial court did not abuse its discretion in finding defendant's young daughter competent to testify as a witness at trial where she demonstrated an ability to distinguish between the truth and a lie and her testimony regarding defendant's sexual abuse of her was admissible as evidence of prior bad acts proving a common scheme, plan or design. The appellate court affirmed.
Publication Date: 2019-11-25
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1376
The trial court erred in admitting a hearsay statement implicating defendant in the operation of an alleged house of prostitution where the witness who made the testimonial statement was unavailable and defendant did not have an opportunity to cross-examine her. The appellate court vacated defendant's judgment of sentence.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-11-25
Practice Area: Evidence
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1392
Defendant made pretrial motions to suppress voice identifications and bank records and dismiss identify theft counts in his trial for money laundering, identity theft and mail fraud and court found voice identification was allowed under F.R.E. 901 as opinion evidence, the subpoena was sufficient to obtain his bank records and the counterfeit DD 214 forms defendant submitted qualified as a "means of identification." Motions denied.
Publication Date: 2019-11-11
Practice Area: Evidence | Personal Injury
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1275
Plaintiff's chronic marijuana use was relevant and admissible to the issues of his future earning capacity and his future life expectancy, though evidence of plaintiff's chronic marijuana use as a factor relevant to his future life expectancy required expert testimony. The court granted in part and denied in part plaintiff's motion in limine.
Publication Date: 2019-09-30
Practice Area: Evidence
Industry: Construction
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1136
The trial court abused its discretion in admitting financial records and testimony regarding defendant's net worth where there was no indication that the witness offering such evidence possessed knowledge sufficient to authenticate the financial records, which had been prepared by an outside tax advisory firm. The appellate court affirmed in part and reversed in part.
Publication Date: 2019-05-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0587
The court denied a motion to suppress, because defendant had a diminished privacy interest as a vehicle occupant, and the officer had probable cause to stop the vehicle after witnessing the driver engaging in unlawful activity.
Publication Date: 2019-05-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0620
Evidence was sufficient to convict for aggravated assault where it demonstrated that appellant shoved his elderly victims to the ground and down flights of stairs, which could support the jury's inference that appellant intended to inflict serious bodily injury. Judgment of sentence affirmed.
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