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  • Commonwealth v. Lynn

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0854

    Trial court properly limited the number of incidents of prior bad acts into evidence where the limited number admitted into evidence was sufficient to support the commonwealth's allegation of defendant's criminal scheme, while the prior bad acts concerned the direct criminal activity of others and therefore had a significant prejudicial effect on defendant. Order of the trial court affirmed.

  • Commonwealth v. Montgomery

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0852

    The trial court erred in quashing a charge against defendant for carrying a concealed firearm in violation of 18 Pa.C.S. §6106 where the firearm at issue was tucked into defendant's waistband with just the handle visible and, thus, there was sufficient evidence of concealment. The appellate court reversed and remanded for further proceedings.

  • Commonwealth v. Lynn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0821

    Defendant failed to establish that the commonwealth's Brady violation constituted intentional prosecutorial misconduct designed to deprive him of a fair trial where he produced no evidence of intent. The appellate court affirmed defendant's judgment of sentence.

  • McIlmail v. Archdiocese of Philadelphia

    Publication Date: 2018-06-26
    Practice Area: Discovery
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0735

    Discovery master properly ruled that the statements of facts from witnesses elicited by a private investigator hired by defense counsel were discoverable under rule 4003.3 because the investigator was a "representative of a party" and was not covered by the attorney work product privilege. Affirmed.

  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2018-04-03
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0391

    Landlord did not breach lease by declaring tenant in default, where lease terms explicitly defined default as tenants vacating of premises and tenant had physically moved out of space. Judgment affirmed in part and reversed in part.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Lewis

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0289

    Person who called authorities reasonably believing she was suffering from a drug overdose was entitled to immunity from prosecution under the Drug Overdose Response Immunity statute.

  • In Re: Risperdal Litig.

    Publication Date: 2017-12-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1849

    Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.

  • In re Risperdal Litig.

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1750

    Trial court erred in permitting fact witness to offer opinion without determining whether witness qualified as expert, where testimony offered sole alternative explanation for plaintiffs injury. Judgment reversed, case remanded.

  • Commonwealth v. McCullough

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1110

    The trial court did not err in removing defendant from the sexual offender registry pursuant to the holding in Commonwealth v. Muniz, which overruled Commonwealth v. Demora and held that the Sexual Offender Registration and Notification Act was an unconstitutional ex post facto law when applied retroactively to sexual offenders convicted of applicable crimes before the acts effective date. The court affirmed the trial courts order.