17 results for 'judge:"DuBow"'.
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. DuBow finds that the lower court improperly transferred the venue of a Walmart contractor’s slip-and-fall case, arising from her falling on a slippery substance at a distribution center, from Philadelphia County to Lehigh County based on forum non conveniens. The court was obligated to cater to the contractor’s choice of forum as Walmart did not prove its witnesses who would allegedly be burdened by having to travel to Philadelphia were key to their defense. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: February 2, 2024, Case #: J-A26012-23, Categories: Civil Procedure, Tort, Venue
J. DuBow finds that the lower court properly sustained the preliminary objections of an estate administrator to the venue of this wrongful death suit filed against a car seat manufacturer, whose car seat the administrator’s infant daughter died of asphyxiation in while sleeping. The manufacturer’s absence of any physical presence in Philadelphia for business activity supports the court’s transfer of this case to Bucks County. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: January 12, 2024, Case #: J-A24020-23, Categories: Product Liability, Wrongful Death, Venue
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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
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. DuBow finds that the lower court properly sentenced defendant to two years of probation for making false reports to school officials that her son was being sexually abused by a Children Youth and Services Agency employee who had never actually met her son. Defendant’s disclosure of the abuse to mandated reporters, who are required by law to make a “childline report” after learning of potential child abuse, is considered a false report. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: November 8, 2023, Case #: J-S39012-23, Categories: Constitution, Identification
[Consolidated.] J. DuBow finds that the lower court abused its discretion in transferring these personal injury cases stemming from UPS and FedEx trucksˆ deadly collision with a passenger bus. The lower court transferred the case from Philadelphia County to the Westmoreland County Court of Common Pleas in order to better accommodate witnesses — but failed first to find that these witnesses possessed testimony relevant to the mail companies’ defenses. Vacated.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: October 11, 2023, Case #: J-A14021-23, Categories: Civil Procedure, Tort, Venue
[Consolidated.] J. DuBow finds that the lower court improperly terminated a mother and father’s parental rights to their three children under 12 years old. The social services agency failed to prove by clear evidence that the poor housing conditions that led to the removal of the children continues to exist. Reversed.
Court: Pennsylvania Superior Court, Judge: J. DuBow, Filed On: August 9, 2023, Case #: J-A04008-23, Categories: Civil Procedure, Guardianship