Case law

Medsger, G. v. Hawaiian Tan

Superior Court of Pennsylvania · Nov 20, 2017

This clearly includes the facts brought to light through the affidavit of Nathan Medsger and submitted in opposition to the motions filed by Hawaiian Tan and Kuntz. … It is irrelevant at this stage in the litigation whether Nathan Medsger qualified as an expert witness, as the trial court appears to imply.

The Bank of New York Mellon v. Johnson, E.

Superior Court of Pennsylvania · May 26, 2017

court might have reached a different conclusion, but requires a manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly … The trial court in Pautentis found that the witness testifying on behalf of the homeowner’s current mortgage servicer could not authenticate the documents or establish their trustworthiness. Id. at 401.

Com. v. Hernandez, C.

Superior Court of Pennsylvania · Jan 4, 2018

his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity … As the trial court explained: The weight of the evidence clearly demonstrates that the identification of Appellant was reliable.

Com. v. Boyd, W.

Superior Court of Pennsylvania · Jun 14, 2017

found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly … A judge’s ordinary efforts at courtroom administration—even a stern and short-tempered judge’s ordinary efforts at courtroom administration—remain immune. _______________________

Com. v. Lawrence, J.

Superior Court of Pennsylvania · Sep 19, 2025

It is well established that: to establish a claim of ineffective assistance of counsel, a defendant must show, by a preponderance of the evidence, ineffective assistance of counsel which, in the circumstances … Was the identification positive or was it qualified by hinging on inconsistencies? During the course of the case, did the witness identify anyone else as the perpetrator?

In the Int. of: L.L., Appeal of: L.L.

Superior Court of Pennsylvania · Oct 16, 2023

To qualify for those services, Mother needed to show documentation of certain diagnoses prior to her 22nd birthday, and such documentation could not be obtained, rendering Mother ineligible. … Clearly there are cognitive delays. Clearly there is a history and a presentation that reflects those cognitive delays. So it’s hard to say how much she’d be able to take.

In the Int. of: E.R., Appeal of: T.D.

Superior Court of Pennsylvania · Aug 16, 2021

Mother clearly placed the concerns for her injured child above any concerns she may have had for [Father].” Id. … Likewise, the record supports the court’s determination that Child’s removal from Mother’s home was clearly necessary.

Com. v. Green, J.

Superior Court of Pennsylvania · Feb 29, 2024

This clearly constituted an unlawful taking of Nurse Green’s property. See Commonwealth v. Robinson, 33 A.3d 89, 95 (Pa. … Without authentication by a representative from Royal Bank or a certification indicating that the spreadsheet was a record kept in the ordinary course of business by Royal Bank, the spreadsheet does not qualify as a business

IBEW, Local 98 v. Battle, C.

Superior Court of Pennsylvania · May 7, 2024

. § 230, “provides the Battle Defendants with immunity against [Appellants’] defamation claim;” 3) Appellants “fail[ed] to adequately plead their defamation claim against the Battle Defendants;” and 4) certain statements … Summary judgment is appropriate only when the record clearly shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Del Ciotto v. Pennsylvania Hospital of the University of Penn Health System

177 A.3d 335 · Superior Court of Pennsylvania · Dec 27, 2017

ManorCare argues that Testa cannot establish a “substantial, direct, and immediate” interest in this appeal because his arguments are based on mere speculation that the arbitrator’s decision may harm his ability to establish … For an averment to qualify as a judicial admission, it must be a clear and unequivocal admission of fact.

Pier 3 Condo v. Khalil, A.

Superior Court of Pennsylvania · Mar 24, 2025

However, the Argument section of the brief raises multiple and distinct claims that are neither set forth in, or fairly suggested by, the Statement of the Questions Involved nor clearly delineated from the other claims raised … Khalil takes the email out of context and, furthermore, ignores that the attorney qualified his answer by both reminding her that his relationship with the Association was as counsel in a separate litigation in which she

Com. v. Kearns, J.

Superior Court of Pennsylvania · May 9, 2018

At the Commonwealth’s request, she was granted immunity. At trial, when asked about the incident, Hamilton claimed that she did not remember what happened. … “Admission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused its discretion.” Commonwealth v.

Com. v. Martinez-Diaz, C.

Superior Court of Pennsylvania · Apr 11, 2022

He was qualified as an expert in the field of narcotics trafficking and drug culture in Berks County. Id. at 414-415. … Detective Leporace was qualified as an expert in drug and narcotics law enforcement. Id. at 340.

Com. v. Martinez, P.

Superior Court of Pennsylvania · Jul 15, 2022

Maria McColgan, a child abuse pediatrician qualified as an expert witness. Appellant’s counsel conducted vigorous cross-examination. Appellant did not testify. … (concluding in a medical malpractice case that the admission of a plaintiff’s history of bulimia was collateral to the basis for the medical malpractice action, and “the probative value of this evidence, if any, was clearly

Com. v. Constantini, C.

Superior Court of Pennsylvania · Mar 8, 2017

While the arrest warrant does not contain the same qualifying language as the Constable Handbook and Pa. R. Crim. … The evidence also established that Mrs.

Com. v. Lowman, M.

Superior Court of Pennsylvania · Mar 8, 2017

While the arrest warrant does not contain the same qualifying language as the Constable Handbook and Pa. R. Crim. … The evidence also established that Mrs.

Com. v. Lynch, J.

Superior Court of Pennsylvania · Jun 24, 2016

Clearly, in finding Appellant guilty of Delivery of a Controlled Substance, the jury believed the testimony of the Commonwealth's witnesses and accepted the Commonwealth's evidence to the extent it established beyond a … The Commonwealth enjoys a qualified privilege to withhold the identity of a confidential informant. Marsh, 997 A.2d at 321; See Commonwealth v. Roebuck, 681 A.2d 1279, 1283 (Pa. 1996).

Com. v. Morroni, J.

Superior Court of Pennsylvania · Mar 23, 2018

The “[a]dmission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused its discretion.” Commonwealth v. … In addition, Trooper Peterson was qualified as an expert in the field of drug investigations.

Com. v. Butler, J.

Superior Court of Pennsylvania · Feb 3, 2026

He argues that he did precisely what the law requires to establish entitlement to a Frye hearing: [Butler] presented an opinion from a qualified expert, Katherine Cross, who explained[] why the application … In its view, the failure to clearly state in the concise statement that the warrant failed to adequately link the phone to the murder has waived his claim.

Com. v. Phillips, D.

Superior Court of Pennsylvania · Mar 2, 2015

Notably, “[t]he newly discovered evidence exception . . . does not require a merits analysis of the claim in order for it to qualify as timely and warranting merits review. … Even if any of the events recounted in Hudson’s testimony were false, Phillips would have clearly been aware of those falsities at trial, as he was party to those events.