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  • Nigon v. Jewell

    Publication Date: 2024-04-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 671 WDA 2023

    Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.

  • Shook v. Lehigh Valley Rest. Group, LLC

    Publication Date: 2024-04-19
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1861 EDA 2023

    Appellant restaurant appealed the grant of a new trial on damages in appellee's slip and fall case and court reversed trial court's grant of a new trial on damages and remanded for the court's consideration of appellee's claim that the jury's $1,000 verdict was against the weight of the evidence. Order reversed.

  • Commonwealth v. Ellis

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 742 MDA 2023

    Defendant appealed the trial court's judgment of sentence imposing a life term on defendant's jury conviction for murder and related crimes. The court affirmed, holding that the trial court did not violate defendant's right to remain silent by directing defendant to remove nonprescription eyeglasses that defendant wore during his jury trial.

  • Commonwealth v. Kline

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 942 MDA 2023

    Appellant appealed his sentence after a jury found him guilty of multiple counts relating to the sexual abuse of the victims, his minor children. Sentence affirmed.

  • Commonwealth v. McIntyre

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 354 EDA 2023

    The court affirmed appellant's judgment of sentence following his conviction for person prohibited from possessing a firearm in violation of 18 Pa. C.S A. §6105(a)(1) against a challenge that §6105 is unconstitutional in the wake of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Schwartz v. Kelly Serv., Inc.

    Publication Date: 2024-04-12
    Practice Area: Contracts
    Industry: Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 755 EDA 2023

    Appellant appealed the denial of its motion to compel arbitration in dispute over teacher's employment and court found the record was inadequate and trial court erroneously resolved a question of fact. Vacated and remanded.

  • 1700 Market St. Assoc., L.P. v. Common Grounds 1700 Market St., LLC

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1314 EDA 2023

    Court correctly granted unpaid rent up to repossession of premises where landlord had followed the statutory eviction procedures and thus could not recover rent after tenant turned over possession. Order of the trial court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 853 MDA 2023

    PCRA court could base ruling on remand on the existing evidentiary record after conducting colloquy to confirm that defendant's waiver of counsel was knowing and voluntary, and where defendant did not object to the PCRA court's determination or request a new evidentiary hearing on remand. Order of the PCRA court affirmed.

  • Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1843 EDA 2022

    Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.

  • In re: Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2006 EDA 2022

    Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.