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  • Commonwealth v. Watson

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0190

    Trial court failed to overcome presumption of vindictiveness in imposing increased sentence on remand where trial court failed to identify aggravating factors not considered in the original sentence or any post-sentence information or conduct warranting an increased sentence. Judgment of sentence vacated and remanded.

  • Commonwealth v. Mayfield

    Publication Date: 2019-12-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1497

    Pursuant to Pa.R.App.P. 3331(a)(1), the state's high court had exclusive jurisdiction over the commonwealth appeal challenging the appointment of a special prosecutor in the underlying criminal case. The appellate court transferred the commonwealth's appeal to the supreme court.

  • Kline v. Travelers Personal Sec. Ins. Co.

    Publication Date: 2019-12-02
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1400

    Trial court erred in granting money damages following declaratory judgment granting stacked UIM coverage where plaintiff did not request monetary damages. Order of the trial court vacated, case remanded.

  • In the Interest of N.M.

    Publication Date: 2019-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1367

    Trial court correctly denied juvenile appellant's motion to suppress his statement made at the police station after he waived his Miranda rights because the totality of the circumstances of the second interrogation at the station showed appellant knowingly waived his rights. Affirmed.

  • Kardos v. Armstrong Pumps, Inc.

    Publication Date: 2019-11-11
    Practice Area: Civil Procedure | Personal Injury
    Industry: Chemicals and Materials | Manufacturing
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1309

    Trial court erred when it precluded the use of decedent's deposition testimony and affidavit during summary judgment proceedings in an asbestos case because appellant, as non-movant, could use decedent's properly executed affidavit as part of the record in opposition to appellees' motions for summary judgment and the deposition testimony met a hearsay exception. Summary judgment vacated, order reversed and remanded.

  • 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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  • Commonwealth v. Kearns

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1230

    Imposition of a sex offender registration requirement did not breach a plea agreement when existing law's requirement of registration for the offense at issue in the agreement meant that sex offender registration was an implied term of any agreement that did not expressly provide for non-registration. Order of the trial court affirmed.

  • T.D. v. M.H.

    Publication Date: 2019-10-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1211

    Trial court erred in transferring jurisdiction over child custody matter to the state of Delaware because, without a proper motion to modify custody filed in the trial court, the trial court lacked the relevant reference date for its §5422 decision. Reversed.

  • Jago v. Jago

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1028

    Trial court properly vacated QDRO moving assets from one spouses' retirement plan to the other spouse's IRA where the parties had no intention to separate or seek divorce.

  • Commonwealth v. Shaw

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1021

    Defendant's mental health issues, which were well known to the parties and explored both at trial and at sentencing, did not constitute newly discovered facts such that his untimely petition for relief under the Post Conviction Relief Act could be excused under 42 Pa.C. S. §9545. The appellate court affirmed.

  • Dominic's Inc. v. Tony's Famous Tomato Pie Bar & Rest., Inc.

    Publication Date: 2019-07-15
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0813

    Confession of judgment entered pursuant to default under a note struck where lender failed to aver its compliance with the note's notice and cure requirements. Order of the trial court affirmed in part and reversed in part.