265 results for 'court:"Pennsylvania Superior Court"'.
J. DuBow finds that the lower court improperly entered summary judgment in favor of a salon in this action against an insurance company regarding whether the tenant is considered a co-insured on its landlord’s fire insurance coverage. The salon had no reasonable expectation that it was a “co-insured” on the policy according to the lease. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 26, 2023, Case #: J-A21017-23, Categories: Civil Procedure, Insurance, Property
J. DuBow finds that the lower court improperly found in favor of United Services Automobile Association in this action seeking damages from an insurance company based on promissory estoppel. The court erroneously recharacterized the promissory estoppel claim as one based on negligent spoliation of evidence and then dismissed it on the grounds that Pennsylvania does not recognize such spoliation claims. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 21, 2023, Case #: J-E02001-23, Categories: Civil Procedure, Evidence, Insurance
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J. McLaughlin finds that the lower court properly found that a pet store owner failed to sustain her burden in this replevin action and finding that a cat rescue organization owned the cat who had been living in her shop, Toby. The record shows that the organization owned Toby and therefore had the right to repossess her. Affirmed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 20, 2023, Case #: J-S39019-23, Categories: Civil Procedure, Property
J. McLaughlin finds that the lower court improperly granted a lime product manufacturer’s motion for summary judgment holding that the suing workers could not pierce the veil in this suit over their asbestos exposure. The asbestos-exposed employees produced evidence that, in practice, the manufacturer and shipbuilding company acted as a single entity, and that the manufacturer left the shipbuilder with inadequate assets to satisfy foreseeable asbestos liabilities. Reversed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 19, 2023, Case #: J-A15029-23, Categories: Civil Procedure, Insurance, Asbestos
J. DuBow finds that the lower court properly denied a citizen’s motion for return of property, seeking a firearm and two magazines that police officers seized after her neighbors reported that she had threatened during a dispute over yard work. Pennsylvania met its burden in establishing that the citizen had pointed one of the firearms at neighbors, thus committing a crime. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 13, 2023, Case #: J-A21022-23, Categories: Evidence, Firearms, Threats
J. Bowes finds that the domestic relations court properly granted a lesbian partner’s petition for pre-birth establishment of parentage of the child that her wife conceived through in vitro fertilization before the dissolution of their marriage. There is evidence that the couple had engaged in IVF with mutual intent to conceive and raise the child. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 11, 2023, Case #: J-E02004-23, Categories: Civil Procedure, Evidence, Guardianship
[Consolidated.] J. Wecht finds that the superior court properly ruled that the trial court lacked authority to coordinate actions that had not yet been filed in this case wherein a group of businesses say an insurance company wrongly denied their Covid-19 business interruption loss claims. The coordination claims were not brought at the trial court and thus, could not be brought on appeal at the superior court. Affirmed.
Court: Pennsylvania Superior Court, Judge: Wecht, Filed On: December 8, 2023, Case #: J-13A-2023, Categories: Civil Procedure, Insurance, Covid-19
J. McCaffery finds that the trial court improperly granted summary judgment in favor of a construction business owner in this negligence action in which a former employee seeks damages for a work-related injury suffered while operating a skid loader. The record contains genuine issues of material fact concerning whether the construction company owner is statutorily immune from liability under the Pennsylvania’s Workers’ Compensation Act. Reversed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: December 7, 2023, Case #: J-E01001-23, Categories: Civil Procedure, Employment, Negligence
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. Panella finds that the lower court improperly granted judgment in favor of Nationwide saying that it did not have to pay a claim stemming from injuries the unlicensed daughter of an insured mother sustained while driving the mother’s car. The daughter was entitled to coverage for her medical expense claim because that part of the policy did not include an unlicensed driver exclusion clause. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: December 5, 2023, Case #: J-A16007-23, Categories: Civil Procedure, Insurance, Vehicle
J. Nichols finds that the trial court properly sentenced defendant for sexually abusing minor girls and adult women on Snapchat by blackmailing them into sending him sexually explicit photographs and videos of themselves, and threatening to post nude photos of the victims online or kill them if they did not comply with his demands. There is no basis to conclude that the trial court’s sentencing defendant to 184.5 to 369 years in prison was unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: December 5, 2023, Case #: J-S36021-23, Categories: Criminal Procedure, Sex Offender, Threats
J. Kearney grants a state prosecutor’s motion to dismiss a now-exonerated mother's pro se suit alleging negligent investigative techniques were used to criminally convict her for interfering with a shared child custody order by taking her child to Florida. The prosecutor has absolute immunity against the mother’s suit.
Court: Pennsylvania Superior Court, Judge: Kearney, Filed On: December 4, 2023, Case #: 2:23cv2612, Categories: Government, Immunity, Negligence
J. Bender finds that the trial court properly granted a group of tenants’ motion for judgment on the pleadings regarding their liability for a fire loss purportedly caused by the tenants’ failure to monitor a lit candle. Because their landlord agreed to be responsible for the home insurance, the tenants are implied co-insureds on the policy and the insurance company cannot pursue a subrogation claim against them. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: December 4, 2023, Case #: J-A16024-23, Categories: Insurance, Negligence, Premises Liability
[Consolidated.] J. Bowes finds that the lower court improperly found that defendants’ convictions pursuant to the North Carolina statute proscribing taking indecent liberties with children obligated them to register as sex offenders in Pennsylvania. The state failed to establish that defendants’ out-of-state convictions would be similar to Pennsylvania convictions that require registrations. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 1, 2023, Case #: J-A02020-23, Categories: Criminal Procedure, Sex Offender, Child Victims
J. Lazarus finds that the lower court properly entered a verdict against an insurance call center owner in this case alleging he failed to pay an employee as agreed upon under the terms of an employment contract after inducing him to move from Florida to Pennsylvania for the gig. The court did not abuse its discretion in ruling against the owner based on the facts presented in the case. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: November 29, 2023, Case #: J-A13017-23, Categories: Civil Procedure, Employment, Contract
J. Lazarus finds that the lower court properly entered a dependency order changing the placement goal of a six-year-old child from reunification with her father to permanent legal custodianship with her foster parents. The child’s needs for permanency and stability are best met by her foster parents. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: November 29, 2023, Case #: J-S34010-23, Categories: Civil Procedure, Guardianship