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Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 647 EDA 2023
Court found no abuse of sentencing discretion in imposing above-Guidelines sentence with consecutive terms where trial court based its decision on defendant's rehabilitative needs, the gravity of his offenses, the effects suffered by victims, and the need for protection of the public. Judgment of sentence affirmed.
Publication Date: 2023-11-20
Practice Area: Landlord Tenant Law
Industry: Automotive | E-Commerce | Retail
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 1946 EDA 2022
Trial court properly declined to open default judgment where movants failed to present evidence showing that the person who accepted service of process at movants' place of business was not an employee or agent authorized to accept service. Order of the trial court affirmed.
Publication Date: 2023-08-21
Practice Area: Corporate Entities
Industry: E-Commerce | Education
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 266 WDA 2022
Although defendants lacked authority under LLC operating agreement to execute written consent amending the agreement, the trial court prematurely ordered LLC's dissolution where members had yet to engage in binding mediation as required by the operating agreement. Judgment of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2023-07-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 3024 EDA 2022
Mother moved to vacate the decrees terminating her parental rights and court found trial court committed an error of law and abused its discretion in dismissing children's TPR counsel from the November 2022 hearing and deprived children of their statutory right to counsel. Decrees vacated.
Publication Date: 2023-06-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 1146 EDA 2022
Evidence was sufficient to convict for drug conspiracy where a defendant could have criminal liability for entering a conspiracy with law enforcement officers or police informants as part of a law enforcement investigation or sting operation. Judgment of conviction affirmed, judgment of sentence vacated in part and affirmed in part.
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Publication Date: 2023-06-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 361 WDA 2022
Omnibus motion to dismiss DUI charges denied where challenges to legality of traffic stop and arrest were known to defendant and could have been raised in the initial omnibus motion; however, multiple DUI convictions should have merged for sentencing purposes. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2023-05-22
Practice Area: Landlord Tenant Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 835 EDA 2022
Landlord's admitted withholding of evicted tenant's property was sufficient to impose contempt for violating trial court's order to turn over the property, but record did not support the judgment amount awarded by the trial court. Judgment of the trial court affirmed in part and vacated in part, case remanded.
Publication Date: 2023-04-17
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 282 MDA 2022
Evidence was sufficient to support conviction for endangering the welfare of a child where commonwealth presented evidence and testimony that defendant withheld food from child and made her sleep on the floor as punishment, which resulted in the child becoming visibly malnourished and displaying symptoms of PTSD and other mental health issues. Judgment of sentence affirmed.
Publication Date: 2023-02-20
Practice Area: Litigation
Industry: Insurance | Transportation
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 611 WDA 2021
Appellant workers' compensation carrier appealed the order denying its petition to intervene in action initiated by injured bus driver in a praecipe for writ of summons against other driver and court found the order was not an appealable collateral order because appellant had no legally enforceable interest and no right that needed to be protected. Appeal quashed.
Publication Date: 2022-12-05
Practice Area: Legal Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 1442 WDA 2021
The trial court erred in allowing the individual defendant, an officer of the defendant corporation but not a licensed attorney, to appear pro se on behalf of both herself and the defendant corporation in these legal proceedings. The appellate court reversed in part.
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