• 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.

  • Poteat v. Asteak

    Publication Date: 2024-04-05
    Practice Area: Contracts
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 729 EDA 2023

    Attorney retainer agreements contained an implicit contractual obligation to provide legal services consistent with that expected from the profession, and thus the trial court erred in converting former client's breach of contract claim into a malpractice claim and dismissing the case under the negligence statute of limitations. Order of the trial court reversed, case remanded.

  • Commonwealth v. Vance

    Publication Date: 2024-03-29
    Practice Area: Evidence
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2886 EDA 2022

    Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.

  • Castillo v. Guerra

    Publication Date: 2024-03-22
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1579 EDA 2023

    Appellant appealed the trial court's order denying his petition for issuance of an order containing specific factual findings regarding appellant's nephew, which were necessary to petition the U.S. Citizenship and Immigration Services for special immigration juvenile status. The court affirmed, concluding that appellant's nephew did not qualify for SIJS where the trial court did not appoint appellant to serve as nephew's legal custodian, and nephew instead lived with appellant pursuant to a custody agreement with nephew's mother.

  • In the Interest of N.M.

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2200 EDA 2022

    Juvenile appellant challenged a dispositional order after juvenile court accepted appellant's admissions but rejected the agreed-upon disposition and court found juvenile court violated Pa.R.J.C.P. 407(A)(3) by accepting part of the tender, the admission, and basing its adjudication of delinquency solely on appellant's admission, without allowing appellant to withdraw the admission and/or without accepting additional evidence from either party. Vacated and reversed.

  • 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

    View this Book

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  • Boback v. Pershing

    Publication Date: 2024-03-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 855 WDA 2023

    Grandparents' supervised physical custody was insufficient to constitute "physical custody" giving them the status of a "person acting as a parent" and thus their residency in Pennsylvania was insufficient to confer continuing jurisdiction over the custody matter to the Pennsylvania courts. Order of the trial court affirmed.

  • James v. Wal-Mart Distrib. Ctr.

    Publication Date: 2024-02-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale | Retail
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 856 EDA 2023

    Trial court reversed order transferring venue where defendants failed to identify proposed witnesses and link their evidence to the potential defense in support of their claim of hardship. Order of the trial court reversed, case remanded.

  • Watson v. Baby Trend, Inc.

    Publication Date: 2024-01-29
    Practice Area: Products Liability
    Industry: Distribution and Wholesale | E-Commerce | Manufacturing
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2356 EDA 2022

    Trial court properly transferred appellants' products liability/strict liability, negligence and breach of warranty action to Bucks county, where appellants resided, because there was no evidence demonstrating that manufacturer's contacts with Philadelphia county were continuous, habitual, or regular. Affirmed.

  • Commonwealth v. Salinas

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 866 EDA 2023

    Victim testimony recounting incident where defendant turned his vehicle around to pass the victim a second time and shout a threat was sufficient to establish all the elements of harassment. Judgment of sentence affirmed.

  • Commonwealth v. Edwards

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 79 MDA 2023

    Defendant lacked reasonable expectation of privacy in her hotel room where she advertised on a prostitution website, agreed to meet with an anonymous person who contacted her, and invited an undercover detective into her room without inquiring into his identity. Judgment of sentence affirmed.