264 results for 'court:"Pennsylvania Superior Court"'.
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
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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. Colins finds that the lower court properly dismissed Richmond Waterfront Industrial Park’s quiet title action for lack of subject matter jurisdiction. The federal Interstate Commerce Commission Termination Act gave the federal Surface Transportation Board with exclusive jurisdiction to decide issues involving the abandonment of railroad tracks on its property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: March 25, 2024, Case #: J-A04035-24, Categories: Civil Procedure, Property, Jurisdiction
J. Bender finds that the lower court improperly granted an emergency petition to compel a trustee to make distributions to the sole current beneficiary of the Trust of John S. Middleton, the managing partner and principal owner of the Philadelphia Phillies. An evidentiary hearing is needed to determine if the court has jurisdiction over this matter. Vacated.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: March 25, 2024, Case #: J-A21034-23, Categories: Civil Procedure, Trusts, Jurisdiction
J. DuBow finds that the lower court improperly sustained the preliminary objections filed by a lawyer in this legal malpractice suit alleging breach of contract filed by a past client, who filed pro se. The court cannot recharacterize the litigant’s contract claim as a tort claim and then dismiss the complaint on the grounds that the statute of limitations ran out. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: March 21, 2024, Case #: J-A21027-23, Categories: Jurisdiction, Legal Malpractice, Contract
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: Criminal Procedure, Drug Offender, Evidence
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: Evidence, Robbery, Assault
J. Beck finds that the lower court properly sentenced defendant for trafficking in individuals, conspiracy, involuntary servitude, prostitution and related offenses. The admission of an expert’s testimony on the behavior of sexual violence victims was properly permitted at his trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: March 15, 2024, Case #: J-S03038-24, Categories: Prostitution, Conspiracy, Human Trafficking
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: Insurance, Property, Contract
J. Kunselman finds that the juvenile court improperly denied a pair of foster parents’ motion to intervene in the court-ordered removal of a child from their care during dependency proceedings with the child’s mother. The foster parents are allowed to intervene under the “prospective adoptive parent exception” since they have demonstrated that they have a legitimate expectation of adopting the child, since they cared for her for two years beginning one month after her birth. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 13, 2024, Case #: J-A18014-23, Categories: Civil Procedure, Guardianship
J. Kunselman finds that the lower court improperly denied a pair of foster parents’ petitions to adopt a seven-year-old and a five-year-old due to the lack of a post-adoption contact agreement with the children’s maternal aunt. The decision was unreasonable as it resulted in the children being left without permanency and at risk of being separated from their foster parents, after establishing a bond with them. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 7, 2024, Case #: J-A25028-23, Categories: Civil Procedure, Evidence, Guardianship
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. King finds that the lower court properly denied a man’s petition against a former lover for paternity testing of her child, who was conceived at a time when she was having sexual relations with both her husband and the appellant. The court assumes the paternity of the husband because the marriage is in tact. Affirmed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: March 5, 2024, Case #: J-A02018-24, Categories: Civil Procedure, Guardianship