• Garced v. United Cerebral Palsy of Philadelphia & Vicinity

    Publication Date: 2024-01-01
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Health Care | Non-Profit
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 111 EDA 2022

    Defendants were entitled to JNOV on claim for future medical expenses or noneconomic losses where plaintiffs' experts' failed to use a generally accepted scientific methodology to determine that plaintiff's chronic illness was caused by exposure to disinfectant spray manufactured/used by defendants. Orders of the trial court affirmed.

  • Commonwealth v. Marmillion

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 99 MDA 2023

    Inadvertent omission of guilty finding in bench trial verdict was not the equivalent of a not-guilty verdict, enabling the trial court to correct its omission in the written verdict. Judgment of sentence affirmed.

  • Corey v. Wilkes-Barre Hosp. Co., LLC

    Publication Date: 2024-01-01
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 507 MDA 2021

    Court correctly nonsuited corporate negligence claim against hospital where plaintiff's trial evidence focused on the actions and omissions of individual staff and provided no proof of systemic negligence by hospital management. Judgment affirmed.

  • Glover v. Junior

    Publication Date: 2024-01-01
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1369 EDA 2022

    Appellant appealed from the trial court's domestic relations order granting appellee's petition for pre-birth establishment of parentage of the child that the female couple conceived through in vitro fertilization during marriage. The court affirmed, concluding that appellee had a contractual and an "intent-based" right to parentage.

  • Commonwealth v. Lapenna

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 543 WDA 2023

    Appellant appealed the trial court's parole-revocation judgment of sentence after denial of appellant's motion for reconsideration. Appellant argued that because his maximum remaining sentence after parole revocation would be less than two years, he should have been recommitted to county, rather than state, prison. The court affirmed, holding that appellant was property recommitted to state prison on his original seven-year sentence after revocation of his parole.

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Commonwealth v. Hagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 872 WDA 2022

    Where retroactive application of registration requirements under Megan's Law III did not constitute an ex post facto violation, a challenge to a sentence for failure to register was properly cognizable under the Post Conviction Relief Act and thus untimely due to the lack of applicable exceptions to the time bar. Order of the trial court affirmed.

  • Mut. Benefit Ins. Co. v. Koser

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1340 MDA 2022

    Trial court properly granted tenants' motion for judgment on the pleadings in landlord's insurer's subrogation action over fire allegedly caused by tenants' candle because, under the lease, it was reasonable for tenants to expect that landlord would look only to the insurance policy for compensation for fire loss covered by the policy, tenants were implied co-insureds under the policy and insurer was precluded from presenting a subrogation claim against them. Affirmed.

  • King v. Driscoll

    Publication Date: 2023-12-25
    Practice Area: Corporate Entities
    Industry: Food and Beverage | Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1291 WDA 2022

    Trial court properly granted petition to enforce settlement where there was sufficient record evidence to determine that receipt of specific documentation was not a material term of the parties' settlement and thus, they had reached agreement on all material terms. Order of the trial court affirmed.

  • Nationwide Prop. & Cas. Ins. Co. v. Castaneda

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1030 MDA 2022

    Trial court erred in granting judgment to insurer in its declaratory relief action asking court to find the unlicensed driver exclusion in an automobile policy was valid because §1718 of the Motor Vehicle Financial Responsibility Law did not include an unlicensed driver exclusion and thus, the policy's exclusion of coverage for first party medical expenses was not valid. Reversed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1788 EDA 2022

    An outburst in open court directing a profanity toward the trial judge supported a conviction for direct criminal contempt where the outburst halted the trial court proceedings and constituted an open defiance of the court's authority. Judgment of sentence affirmed.