In a remarkable order, the New Jersey Supreme Court granted reconsideration of its prior per curium order. The defendant was convicted of killing her child. After the trial, she moved for an acquittal under Rule 3:18-2. The trial court denied that post-verdict motion. On appeal, the defendant argued that the…
In a remarkable order, the New Jersey Supreme Court granted reconsideration of its prior per curium order. The defendant was convicted of killing her child. After the trial, she moved for an acquittal under Rule 3:18-2. The trial court denied that post-verdict motion. On appeal, the defendant argued that the trial court erred in its… Continue reading State v. Lodzinski
This litigant should have retained an attorney, who would’ve hired Sullivan | Simon to ghostwrite the brief. Smithson owns land in Clarion County. He filed a complaint asserting claims that the defendants unlawfully removed natural gas from his land and later sold it back to him. The trial court granted the defendants’ motion for summary… Continue reading Smithson v. Columbia Gas of PA/Nisorce and Maple Grove Enterprises
This was a multi-party appeal in which the Pennsylvania Superior Court spent more time wrestling with appellate procedure than on the issues raised. First, the court sua sponte questioned whether each party complied with Walker. After deciding the parties filed appropriate notices of appeal, the Court found that one defendant failed to property preserve some… Continue reading Brown v. The End Zone, Inc.
The Pennsylvania Superior Court reversed an order that denied an insurer’s petition to intervene. The suit resulted from a shooting outside an American Legion Post between two intoxicated patrons. American Legion’s insurer sought to intervene to secure a special jury verdict form and answers to interrogatories to allow a clear determination of the basis for… Continue reading Bogdan v. Am. Legion Post 153 Home Assoc.
Father and Mother filed these consolidated appeals from the orders, granting the petition of Children and Youth Services to involuntarily terminate their parental rights. Father and Mother also appealed the trial court’s order changing the children’s permanency goal from reunification to adoption. They filed a single notice of appeal to challenge distinct rulings on two… Continue reading In re S.D.
In Tri-State Auto Auction, Inc. v. Gleba, Inc., the Pennsylvania Superior Court affirmed the trial court’s verdict after a bench trial in which the plaintiff sought declaratory relief. But the substance of the matter was of little relevance to the appeal, as the Court did little more than cite the lower court’s summary of the… Continue reading Tri-State Auto Auction, Inc. v. Gleba, Inc.
In Commonwealth v. Rogers, the Pennsylvania Supreme Court addressed the issue of whether a criminal defendant is permitted to introduce evidence of his alleged victims’ prior prostitution convictions to bolster his consent defense to rape charges. The case revolved around the Rape Shield Law, which generally precludes evidence regarding prior sexual conduct of a victim… Continue reading Commonwealth v. Rogers
In Rahn v. Consolidated Rail Crop., the Pennsylvania Superior Court revisited the issue of forum non conveniens. A former trainmaster filed suit against the defendant, claiming that his cancer resulted from exposure to toxic chemicals at work and that the defendant was negligent in failing to provide him with a reasonably safe workplace. The trainmaster… Continue reading Rahn v. Consolidated Rail Corop.
In Commonwealth v. Carter, the Pennsylvania Superior Court quashed an appeal taken from an order denying bail pending sentencing. The defendant was convicted of several crimes, and the trial court revoked his bail pending sentencing. The defendant then filed a petition with the trial judge requesting bail pending sentencing and while the case was on… Continue reading Commonwealth v. Carter