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Publication Date: 2024-04-12
Practice Area: Transportation
Industry: Real Estate | Transportation
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1172 EDA 2023
Trial court properly concluded it lacked subject matter jurisdiction over action seeking an adjudication that railroad's tracks on plaintiff's property had been abandoned because Surface Transportation Board had held that railroad was a rail carrier and its railroad tracks on the plaintiff's property were within the exclusive jurisdiction of the STB. Affirmed.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1464 WDA 2022
Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.
Publication Date: 2024-02-16
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 3015 EDA 2022
Trial court correctly dismissed medical malpractice action on grounds of judicial estoppel where theory of liability in present case was incompatible and unreconciled with plaintiff's theory of liability in parallel action. Order of the trial court affirmed.
Publication Date: 2024-01-22
Practice Area: Insurance Law
Industry: Insurance | Non-Profit
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1221 WDA 2022
Trial court erred in finding for plaintiff in action over insurance coverage for electronic data deleted from a third party's computer and court found that while the term "your computers" was ambiguous and had to be construed in favor of plaintiff, there was no evidence to show the cost of replacing the data exceeded the policy deductible and defendant had a reasonable basis, as a matter of law, for denying the claim. Vacated.
Publication Date: 2023-11-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
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Case Number: 555 MDA 2023
Court rejected challenges to weight and sufficiency of evidence supporting domestic violence conviction where evidence showed that defendant placed his hands around the victim's throat with enough force to leave temporary marks and impede her breathing.
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Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-11-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 376 MDA 2023
Police could lawfully effect detention by stopping behind vehicle that was partially blocking lane of highway under community caretaking doctrine, as the police cruiser could reduce the risk of a collision and the officers had a reasonable basis to conduct a welfare check to see if the vehicle was disabled or the driver was in distress. Judgment of sentence affirmed.
Publication Date: 2023-11-27
Practice Area: Criminal Law
Industry: Retail
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 559 MDA 2023
Evidence was sufficient to support conviction for defiant trespass where defendant knew he was not permitted to reenter retail store yet did so anyway, barring application of statutory defense to conviction. Judgment of sentence affirmed.
Publication Date: 2023-11-13
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1414 MDA 2022
Court affirmed dismissal of petition to set aside sheriff's deed where petitioner failed to challenge each independent basis for the trial court's decision. Order of the trial court affirmed.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1045 MDA 2022
Evidence was sufficient to support endangering the welfare of a child conviction where facts supported finding that defendant crossed over the center line while speeding, distracted by a text message, and under the influence of prescription substances. Judgment of sentence affirmed.
Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 701 WDA 2021
Appellant appealed his convictions for dissemination of child pornography and related crimes. The court vacated appellant's convictions and remanded for a new trial where the trial court erred in denying appellant's motion to suppress evidence obtained from a search of his home in violation of the knock and announce rule.
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