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Publication Date: 2024-04-19
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Murray
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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.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 1422 WDA 2022
Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Murray
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Case Number: 1300 WDA 2022
Evidence that picketers briefly blocked employer's delivery vans from leaving contractor's facility and damaged them as they left was sufficient to find that they "seized" employer's property, creating an exception to the prohibition on injunctive relief in labor actions. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2023-11-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 718 WDA 2022
Defendant lacked standing to contest search and seizure of items from his vehicle after he abandoned the car following a motor vehicle accident. Judgment of sentence affirmed.
Publication Date: 2023-11-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 1430 WDA 2022
Trial court did not misstate the law where it exercised discretion to deny parole to defendant who had completed minimum sentence where trial court determined defendant needed to complete drug/alcohol treatment for his parole to be successful. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-11-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 633 WDA 2022
Police had exigent circumstances for warrantless search of medically incapacitated person's vehicle and backpack where the person could not give his identity to the officers, who reasonably searched the vehicle and backpack for identification. Judgment of sentence affirmed.
Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 1694 MDA 2022
Trial court properly dismissed appellant's negligence action against defendants over his automobile accident because defendants, conducting an estate sale on their property, owed no duty to appellant to direct traffic on the road or to restrict legal, on-street parking. Affirmed.
Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 1536 MDA 2022
Trial court properly dismissed appellant's slip and fall action for failure to join an indispensable party, co-owner of the property because appellant's claim was expressly premised, in part, on ownership of the real property. Affirmed.
Publication Date: 2023-10-09
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 530 MDA 2023
Trial court properly granted summary judgment to father in mother's petition to involuntarily terminate father's parental rights on the basis of child being conceived as a result of rape because collateral estoppel applied based on trial court's finding in favor of father in mother's petition for a sexual violence protection order. Affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Murray
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Case Number: 1064 MDA 2022
Trial court properly granted summary judgment to defendants, Children's Service Center of Wyoming Valley and CSC doctor, in appellant's action for negligence after child treated by defendants assaulted and killed neighbor because appellant failed to show defendants owed neighbor's family a duty of care. Affirmed.
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