25 results for 'judge:"Stabile"'.
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: Civil Procedure, Property, Business Practices
J. Stabile finds that the trial court improperly granted defendant’s motion to decertify this case charging him with attempting to murder two police officers when he was 16 years old. The decertification order is defective due to the trial court’s failure to consider multiple criteria that it was required to take into account before granting decertification. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 23, 2024, Case #: J-A24009-23, Categories: Evidence, Murder, Civil Rights
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J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: Arbitration, Employment, Contract
J. Stabile finds that the trial court in part correctly denied a group of newspaper and media outlets’ motion to intervene and in sealing of the public docket of a man who allegedly hired a hitman to shoot and kill a former business partner after business relations soured. Its decision to seal certain arrest warrant information was appropriate given the sensitivity of Pennsylvania’s ongoing investigation. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 6, 2024, Case #: J-S99001-23, Categories: Evidence, Murder, Discovery
J. Stabile finds that the lower court properly granted summary judgment in favor of State Farm and the defendant automobile driver in this underinsured motorist dispute, stemming from a collision that occurred while the suing driver was behind the wheel of her mother’s vehicle. The plaintiff is not entitled to recover underinsured motorist benefits under her own vehicle policy. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: February 13, 2024, Case #: J-A19028-23, Categories: Civil Procedure, Insurance, Vehicle
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: Civil Procedure, Family Law, Property
J. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: Employment, Damages, Contract
J. Stabile finds that the lower court properly disposed of post-trial motions in this case wherein a maintenance worker who suffered lung damage from exposure to a disinfectant fogger applied to a sealed room at United Cerebral Palsy of Philadelphia was awarded $1 million in damages. The organization failed to follow the proper procedure to appeal the disposals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: December 7, 2023, Case #: J-A20018-22, Categories: Civil Procedure, Tort, Damages
J. Stabile finds that the lower court properly sentenced defendant to 10 to 20 years’ imprisonment for burglary after reversing a declared mistrial based on the jury’s verdict not being unanimous, according to a poll requested by defendant that was conducted after the jury had been released. Defendant’s right to poll the jury expired upon dispersal of the jury. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 29, 2023, Case #: J-A19025-23, Categories: Burglary, Jury, Sentencing
J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: Civil Procedure, Negligence, Wrongful Death
J. Stabile finds the lower court properly transferred this personal injury case, revolving around the amputation of a cement worker’s right hand by a cement mixing machine, from Philadelphia County to Butler County. The trial court did not abuse its discretion in granting the transfer since several defendants are based in Butler County. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: October 30, 2023, Case #: J-A19019-23, Categories: Tort, Damages, Venue