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  • Sereda v. Ctr. City Acquisitions, LLC

    Publication Date: 2019-11-25
    Practice Area: Real Estate
    Industry: Construction
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1380

    Trial court properly held LLC home-builder and its principal jointly and severally liable for warranty and Unfair Trade Practices and Consumer Protection Law violations where record supported finding that defendants failed to remedy home defects they were provided timely notice of and misrepresented the quality of the home they sold to plaintiffs. Judgment affirmed.

  • Pearson v. Philadelphia Eagles, LLC

    Publication Date: 2019-10-21
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1240

    Trial court erred in denying appellants' motion for JNOV in plaintiff's personal injury action for injuries caused by opposing fans at a football stadium because property owners were liable to business invitees for harm caused by the foreseeable criminal actions of third parties and record did not support trial court's conclusion that appellants were on notice that violent assaults occurred in the restrooms. Reversed and vacated.

  • Matthews v. Batroney

    Publication Date: 2019-10-21
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1239

    Trial court correctly refused to charge the jury on 75 Pa. C.S.A. §3321 of the motor vehicle code in bicyclist's action against driver after they collided in an intersection because appellant's admitted violation of §3323(b) forfeited his right-of-way proscribed by §3321 and thus §3321 was inapplicable. Affirmed.

  • Porter v. Toll Brothers, Inc.

    Publication Date: 2019-09-09
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1061

    Trial courts properly denied appellant builder's petition to compel arbitration in subsequent homeowners' actions for construction defects, unfair trade practices, negligent misrepresentation, fraud and negligence because the plain language of the warranty required a subsequent owner to execute a specific acknowledgement and assignment form, none of the subsequent homeowners had done so and there was no valid agreement compelling them to arbitrate. Affirmed.

  • Conner v. Holtzinger Conner

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1029

    Trial court erred by deeming federal judge's Section 80 income marital property subject to equitable distribution where there was insufficient evidence to determine whether it qualified as income or retirement benefits subject to equitable distribution. Order of the trial court reversed in part and affirmed in part, case remanded.

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  • Commonwealth v. Chism

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0990

    The appellate court lacked jurisdiction to hearing the commonwealth's appeal where its notice of appeal did not contain a statement certifying that the suppression order appealed from would terminate or substantially handicap the prosecution as required by Pa.R.App.P. 311(d). The appellate court quashed the commonwealth's appeal.

  • Commonwealth v. Creese

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0991

    Pursuant to Pa.R.App.P. 341(a) and the bright line rule for its application set forth in Commonwealth v. Walker, defendant's failure to file separate notices of appeal for all four docket numbers in each of his related cases required the appellate court to quash his appeal. The appellate court quashed defendant's appeal.

  • Commonwealth v. Persaud

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0965

    While both the defendant and his counsel filed separate rule 1925(b) statements of errors complained of on appeal, appellate review was not impeded by hybrid representation under the unique circumstances of this case because the filings were complementary rather than competing. The appellate court affirmed defendant's judgment of sentence.

  • In Re: J.W.B.

    Publication Date: 2019-07-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0873

    Pennsylvania law, rather than the law of the jurisdiction where a parent consenting to adoption resided, applied to provide the standards for an enforceable consent to adoption and the standards for a valid revocation of that adoption. Decree affirmed.

  • J.P. v. J.S.

    Publication Date: 2019-07-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0847

    Parent's appeal of custody order quashed where appeal was not timely taken from the final order of custody but instead taken from the denial of reconsideration of the custody order, which was not an appealable decision. Appeal quashed.