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judge:"Steven Andrews"
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The court, at the parties request, construed six terms in plaintiffs patent infringement action.Plaintiff asserted that defendants infringed its patent in two separate civil action numbers
Publication Date: 2017-11-07 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 17-1669
Trial court erred in granting primary physical custody to childs grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in 5327(b) and improperly imposed the burden of proof on father. Reversed.
Commonwealth Court correctly found that the net loss carryover provision violated the uniformity clause of the Pennsylvania constitution but erred in its remedy of striking all caps in the NLC because that remedy contravened the legislatures intent and the proper remedy was to sever the $3 million flat deduction. Affirmed in part and reversed in part.
Publication Date: 2017-11-07 Practice Area:Family Law Industry: Court:Supreme Court Judge:Justice Baer Attorneys:For plaintiff: for defendant: Case Number: 17-1663
Juvenile court properly exercised discretion ordering early termination of delinquency supervision. Order of the trial court affirmed.
Plaintiff sufficiently pled existence of contract where it alleged that defendant made assurances of potential partnership between the parties in exchange for plaintiffs assistance in acquiring assets that would be the basis of the proposed partnership. Defendants motion to dismiss granted in part and denied in part.
Trial court erred in permitting medical expert to opine as to victims sexual abuse based solely upon the victims accounts, where there was a lack of physical evidence of abuse. Order of the superior court affirmed.
Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.
Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.
Publication Date: 2017-11-07 Practice Area:Criminal Appeals Industry: Court:Superior Court Judge:Judge Ranson Attorneys:For plaintiff: for defendant: Case Number: 17-1654
The court of common pleas, sitting as an appellate court, could not properly determine whether it could exercise jurisdiction over defendants appeal from the denial of a motion to dismiss on double jeopardy grounds where the lower court did not comply with Pa.R.Crim.P. Rule 587(b) by entering its findings of fact, conclusions of law and findings as to frivolousness.
Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.
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