• McKean County Juvenile Probation v. Newman

    Publication Date: 2020-03-16
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0289

    Trial court erred in entering support order for reimbursement of placement costs for child adjudicated delinquent where total amount was four times the support guidelines obligation without explanation for deviation from the guidelines. Orders of the trial court vacated, case remanded.

  • Ford-Bey v. Prof. Anesthesia Serv. of N. Am.

    Publication Date: 2020-03-02
    Practice Area: Medical Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0232

    Client's notes prepared in preparation for his deposition were not protected from discovery under the attorney-client or work product doctrines where there was no evidence that the notes were prepared at counsel's direction, contained communications between counsel and client, or contained the mental impressions of counsel or counsel's representative. Order of the trial court affirmed.

  • Commonwealth v. Wade

    Publication Date: 2020-01-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0072

    Physical evidence from prior burglary investigation properly admitted into defendant's murder trial where evidence contained DNA samples matching defendant's profile and therefore was relevant and admissible to contradict defendant's assertion that he had never been inside the victims' home. Judgment of sentence affirmed.

  • H.R. v. C.P.

    Publication Date: 2020-01-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1514

    Trial court was not barred by Medical Marijuana Act from considering parent's legal use of marijuana pursuant to medical license, particularly where parent had history of substance abuse and where there were alleged incidents of exposing the parent's child to marijuana. Order of the trial court affirmed.

  • Domus, Inc. v. Signature Bldg. Sys. of PA, LLC

    Publication Date: 2019-12-16
    Practice Area: Contracts
    Industry: Construction | Manufacturing
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1440

    Failure to certify foreign judgment left the trial court without jurisdiction since there was a fatal defect on the record before the court being asked to enforce the judgment. Order of the trial court reversed.

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  • Commonwealth v. Anderson

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1438

    The trial court did not impose a de facto life imprisonment sentence without the possibility of parole upon defendant, who was a juvenile when he committed murder, where he failed to establish that it was unlikely he would survive until his minimum release date or that there was no opportunity for release in such time as to permit him to enjoy a period of liberty. The appellate court affirmed defendant's sentence.

  • Allied Envtl. Serv., Inc. v. Roth

    Publication Date: 2019-11-11
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1326

    The trial court properly concluded that that the typical prerequisites attendant to the granting of a preliminary injunction must still be satisfied in claims for injunctive relief advanced under the Pennsylvania Uniform Trade Secrets Act and that defendant failed to demonstrate that a preliminary injunction was necessary to prevent immediate and irreparable harm. The appellate court affirmed.

  • Landis v. Wilt

    Publication Date: 2019-11-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1299

    Trial court properly quieted title in favor of adverse possessor where abutting condominium development presented no evidence that it took its land subject to prior subdivision plan and instead expressly disclaimed any title to the disputed land. Judgment of the trial court affirmed.

  • Sawyers v. Davis

    Publication Date: 2019-11-04
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1301

    Trial court erred in dismissing appellant's personal injury action against car driver for improper service because appellant offered sufficient evidence that he complied with the manner of service in Pa.R.C.P. 403, 404 and 405 to shift the burden to driver who offered no evidence refuting appellant's evidence that service complied with the rules. Vacated.

  • Commonwealth v. Jefferson

    Publication Date: 2019-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1227

    The trial court properly found that current prosecutions against defendant for attempted burglary in one case and receipt of stolen property and unauthorized use of a vehicle in a second were not barred by double jeopardy as there was no logical nexus between these cases and another set of cases in which defendant pled guilty to criminal mischief. The appellate court affirmed an order denying defendant's motion to bar prosecution.