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Publication Date: 2020-02-10
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0140
Trial court erred in applying the law of unjust enrichment in an action over an alleged oral contract to sell property and appellants were entitled to a portion of the money they paid to purchase the property under the unenforceable oral contract and they were entitled to recoup the cost of the improvements they made. Vacated.
Publication Date: 2020-01-27
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 20-0077
Dead Man's Act barred plaintiff's testimony as to the causation of her fall, and the Act's application was not waived simply because decedent did not actually witness plaintiff's fall or because decedent's estate relied upon plaintiff's demand letter in support of its motion for summary judgment. Order of the trial court affirmed.
Publication Date: 2019-12-16
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1436
The trial court erred when it sentenced defendant, who was a juvenile when he committed murder, to life without the possibility of parole as the commonwealth presented no evidence regarding defendant's inability to be rehabilitated and, thus, failed to rebut the presumption against life without parole as an appropriate individualized sentence. The appellate court vacated defendant's sentence and remanded for resentencing.
Publication Date: 2019-10-28
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1257
Defendant's former prosecution for driving with a suspended license occurred before a court that lacked jurisdiction over another offense of possession of heroin with intent to deliver; thus, the court of common pleas could properly assert its separate, original jurisdiction over that charge under 18 Pa.C.S. §112. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-10-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1203
The odor of fresh marijuana could still give rise to probable cause for a search warrant despite the legalization of medical marijuana when only a small number of growers were permitted to grow marijuana in the state such that the odor gave rise to a fair probability that the marijuana was illegal. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2019-10-07
Practice Area: Damages | Products Liability
Industry: Health Care | Manufacturing
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1177
Trial court acted within discretion to reduce punitive damages award as little as necessary to comport with applicable New Jersey punitive damages cap ratio of five times the compensatory damages award. Judgment affirmed as modified.
Publication Date: 2019-09-23
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1076
Court deferred an appeal of county political party's discipline of its committeeperson because the subject matter of the appeal directly implicated the election code and the legislature had designated the Commonwealth Court as the exclusive forum for election related appeals. Appeal transferred.
Publication Date: 2019-09-02
Practice Area: Legislation | Trusts and Estates
Industry: State and Local Government
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1032
Father challenged trial court's grant of mother's petition for forfeiture of father's share of wrongful death proceeds after child's accidental death and court found trial court did not abuse its discretion because the amendments to the failure-to-support clause in 20 Pa.C.S. §2106(b) were clearly intended to prohibit a non-performing parent from collecting a windfall in the tragic event of the child's death. Affirmed.
Publication Date: 2019-08-12
Practice Area: Administrative Law | Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-0942
Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.
Publication Date: 2019-08-12
Practice Area: Employment Litigation
Industry: Construction
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 19-0952
Plaintiff appealed the trial court order dismissing his claims against defendant, based on defendant's status as a statutory employer under the worker's compensation act, and court found any procedural errors that occurred were with plaintiff's willful acquiescence and he waived his claims. Affirmed.
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