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Weekly Caselaw Updates

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In re D.G.J.

This case presented the Pennsylvania Superior Court with a factual scenario of first impression—U.S. citizens sought to adopt their foreign-born nephew, who has been residing with them in the U.S. on a non-immigrant visa, where there is no foreign adoption decree made or entered into in conformity with the laws…

This case presented the Pennsylvania Superior Court with a factual scenario of first impression—U.S. citizens sought to adopt their foreign-born nephew, who has been residing with them in the U.S. on a non-immigrant visa, where there is no foreign adoption decree made or entered into in conformity with the laws of the child’s home country.… Continue reading In re D.G.J.

Commonwealth v. Buchanan Automotive
Pennsylvania Superior Court

Lugheads, read this summary! The Pennsylvania Superior vacated the defendant’s conviction for employing any person as a salesperson who has not been licensed as required. The Court ruled that Buchanan’s employee, who merely signed three documents required for a car sale, did not act as a “salesperson” within the meaning of the Act.

Jenkins v. Robertson
Pennsylvania Superior Court

The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that the tenant had “no right… Continue reading Jenkins v. Robertson

Commonwealth v. Skipper
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the Court of Common Pleas order that granted the defendant’s motion to suppress evidence seized as the result of a traffic stop. The defendant was the passenger in a vehicle, and the contraband he sought to suppress was located in the glove compartment. The Commonwealth appealed, claiming that the defendant… Continue reading Commonwealth v. Skipper

Commonwealth v. Cooper
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s finding that Appellant violated parole, but reversed its ruling that Appellant anticipatorily violated probation. The Court held that “in light of the recent Superior Court decision in Simmons, the trial court imposed an illegal sentence for the probation violation because at the time Appellant engaged in the… Continue reading Commonwealth v. Cooper

U.S. Bank Trust Nat’l Assoc. v. Unknown Heirs
Pennsylvania Superior Court

The Pennsylvania Superior Court reversed the Court of Common Pleas order that denied the plaintiffs’ motion to strike its earlier praecipe to discontinue the action. The Superior Court noted the “prolonged litigation” and that “plaintiffs in this case ha[ve] created a procedural morass that is entirely of their own making.” But the issue dealt with… Continue reading U.S. Bank Trust Nat’l Assoc. v. Unknown Heirs

Riemenschneider v. D. Sabatelli, Inc.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s order that dismissed this negligence and wrongful death action. The plaintiff was the administrator of the estate of an individual who sustained fatal injuries when the brakes failed on a dump truck he was operating for his employer, the defendant. The defendant filed preliminary objections asserting, among… Continue reading Riemenschneider v. D. Sabatelli, Inc.

Commonwealth v. Smith
Pennsylvania Superior Court

This opinion thoroughly reviews the caselaw about the voluntariness of a defendant’s statement after the police give Miranda warnings. An en banc panel of the Pennsylvania Superior Court vacated the defendant’s convictions of rape and IDSI. The defendant argued that the trial court erred in denying his motion to suppress his statement. The Court found… Continue reading Commonwealth v. Smith

Frezghi v. Tesfamariam
Pennsylvania Superior Court

In this quiet title case, the Pennsylvania Superior Court reversed the trial court’s order granting plaintiffs a new trial and issued an ominous warning that the court “must not allow the unauthorized practice of law.” The matter proceeded as a bench trial to determine the rightful owner of two properties in Philadelphia. At trial, the… Continue reading Frezghi v. Tesfamariam

Commonwealth v. Wright
Pennsylvania Superior Court

The Pennsylvania Superior Court vacated the defendant’s sentence for simple assault because the lower court erred in awarding restitution to The Phia Group, a recovery and reimbursement subrogation vendor. The Court held that the vendor was not an insurance company and did not pay any claim. Therefore, the vendor was not entitled to restitution under… Continue reading Commonwealth v. Wright