Case law

Com. v. Robinson, T.

278 A.3d 336 · Superior Court of Pennsylvania · Jun 27, 2022

Mannes’ testimony where non-identification evidence established guilt and identity). … Therefore, the ____________________________________________ reasoning that Officer Fitzgibbon was “clearly frightened” because he drove away for his safety. Id. Dr.

In the Int. of: F.M., Appeal of: S.M.

Superior Court of Pennsylvania · Jul 12, 2024

The court established Child’s permanent placement goal as reunification and required Mother to, inter alia, participate in mental health treatment, enroll in programs for domestic violence and parenting, and obtain and … family need not be made or continue to be made, whether the county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified

Kelly Systems v. Fiore, L. v. OGP Architects

Superior Court of Pennsylvania · Oct 31, 2018

Super. 2005) (stating that “[t]he goal of the certificate of merit is to weed out clearly nonmeritorious lawsuits early in the litigation process.”). … If the claims in [Kelly’s C]omplaint are in negligence, then the [c]ourt must analyze the claims to see if the claims are related[, thereby qualifying] Fiore’s [Joinder] [C]omplaint [] under the rule.

Commonwealth v. Hill

354 Pa. Super. 32 · Superior Court of Pennsylvania · Jun 4, 1986

Voluntary manslaughter often so nearly approaches murder it is necessary to clearly differentiate. … Again, considering the entire charge, we believe the trial court clearly explained to the jury that the Commonwealth must prove all the factors upon which guilt may depend.

Richmond v. Prudential Property & Casualty Insurance

2004 Pa. Super. 328 · Superior Court of Pennsylvania · Aug 24, 2004

(Petition to Vacate Arbitration Award, 3/31/99 at 3, R. at 1.) ¶ 13 Our supreme court clearly established the scope of review of a common law arbitration award ten years ago in Hall v. Arnica Mut. Ins. … insurance policy [at issue in this case] provided UIM coverage to insureds who were injured while pedestrians or while occupying certain cars, but not while riding someone else’s motorcycle or other motor vehicle, which did not qualify

Commonwealth v. Gilly

375 Pa. Super. 125 · Superior Court of Pennsylvania · Jun 8, 1988

Gilly knew that many of the other issues decided against Martin were issues identical to his *131 own: pre-trial publicity, death qualified jury, the key-man jury, and change of venue. … Again, we disagree. “ ‘It is clearly established that the grant or refusal of a change of venue or of a continuance is within the sound discretion of the trial court.’ ” Commonwealth v.

Knight v. Springfield Hyundai

2013 Pa. Super. 309 · Superior Court of Pennsylvania · Dec 2, 2013

which Mavroud-is confirmed over the telephone, for the purchase of a new 2008 Hyundai Gallant that Knight went to purchase for her twin sons’ use, but contrary to the advertisements and assurances, she was told she was not qualified … The trial court's failure to address these assertions of error in its written opinion is inexplicable since Knight clearly and unambiguously raised the arguments in her 1925(b) statement.

Chilutti, S. v. Uber Technologies, Inc.

2022 Pa. Super. 172 · Superior Court of Pennsylvania · Oct 12, 2022

Based on the nature of the Uber’s two interfaces, it is clear the contracts qualify as “browsewrap agreements” because both Appellants were “left unaware that contractual terms were even offered, much less that continued … The failure to clearly denote the hyperlinks here fails our conspicuousness test. Id. at 856-67 (citations omitted).

Pagano v. REDEVELOPMENT AUTHORITY, ETC.

249 Pa. Super. 303 · Superior Court of Pennsylvania · Jun 29, 1977

The landlord argued that the evidence had failed to establish its responsibility for the plaintiff’s injuries. … Since appellants must prove that they are tenants in order to qualify as condemnees, see The Eminent Domain Code, Act of 1964, Special Sess., June 22, P.L. 84, Art.

Com. v. Porka, J.

Superior Court of Pennsylvania · Jan 7, 2025

We find that the PCRA court’s conclusions are supported by competent evidence and are clearly free of legal error. … The opinion states "the Trial Court concluded the Nurse Hunt had the requisite knowledge and skills to qualify as an expert under Pa.R.E. 702, based on her expertise in sexual assault examination which qualified her to

Com. v. Poulson, D.

Superior Court of Pennsylvania · Jul 13, 2021

Thus, the trial court’s determination to allow the testimony at trial was not clearly erroneous or the product of bias, prejudice, or ill-will. … Therefore, we find the evidence qualified as life-in-being testimony which was properly admitted during the guilt phase of trial.

Braun v. Wal-Mart Stores, Inc.

2011 Pa. Super. 121 · Superior Court of Pennsylvania · Jun 10, 2011

Because the stock repurchase payment in Bowers qualified as “wages,” the Hartman Court similarly concluded that the equity interest at issue also qualified as “wages.” Hartman, 766 A.2d at 353 . … Unlike Harding , Appellees established a contractual right to paid rest breaks after working a qualifying number of hours. PD-07, Revised May 2004; R.R. at 6987a-88a.

Com. v. Mooney, W.

Superior Court of Pennsylvania · May 26, 2015

Mooney was argumentative, and stated that he did not understand why he did not qualify for the ARD program. … After hearing from Mooney and his counsel, [the trial court] decided to treat this DUI as Mooney’s second offense, because the record did not clearly show that this was a third offense.

Commonwealth v. Yedinak

450 Pa. Super. 352 · Superior Court of Pennsylvania · Apr 11, 1996

was admissible, the majority disregarded the results of the urinalysis revealing the presence not just of marijuana but also of Alprazolam, Hydrocodone and Benzodiazepine in appellant's urine. [2] Given that Officer Weiss clearly … However, a qualified expert is required to provide the connection between the symptoms observed and the drug allegedly influencing the defendant's driving. See Rifkin, supra, 438 A.2d at 1125 .

Com. v. Williamson, J.

2025 Pa. Super. 6 · Superior Court of Pennsylvania · Jan 10, 2025

Furthermore, [t]he facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. … court, stab wounds to parts of the body containing vital blood vessels, requiring a tourniquet at the scene of the crime and medical intervention at a hospital, and the loss of use and feeling of a finger, qualified

In the Int. of: K.C.K.S., Appeal of: K.S.

Superior Court of Pennsylvania · Jan 5, 2022

If the goal was reunification, DHS was required to establish a “grave threat” to Child in order to justify a suspension of visitation. See id. … While the trial court was clearly ready to change the permanency goal for Child, it had not yet done so.

Com. v. Adams, D.

Superior Court of Pennsylvania · Apr 16, 2020

[W]hen the [trial c]ourt qualified a mathematical certainty by 80 or 90 percent, it clearly, diminished the Commonwealth’s burden of proof by suggesting to the [j]ury that if they were 80 percent or 90 percent … As the above exchange shows, the trial court, contrary to Appellant’s argument, unequivocally stated that mathematical certainty was not the proper standard for purposes of establishing Appellant’s guilt.

Tapco Europe v. Red Square Corp.

Superior Court of Pennsylvania · Apr 17, 2015

“The rule clearly states that the party receiving the -5- J. S76010/14 request must respond by answering or objecting.” Richard T. Byrnes Co., Inc. v. … is true and qualify or deny the remainder.

Commonwealth v. Williams

2008 Pa. Super. 257 · Superior Court of Pennsylvania · Oct 29, 2008

ESTABLISHED UNITED STATES SUPREME COURT AUTHORITY? … were not clearly identified.

Monroe, A. v. CBH20, LP

2022 Pa. Super. 197 · Superior Court of Pennsylvania · Nov 21, 2022

Monroe’s opposition to Camelback’s motion was that Camelback’s release did not immunize it from reckless conduct, as our Supreme Court ruled in Tayar v. … Monroe must establish that Camelback did an act or intentionally failed to do an act which it was its duty to Ms.