Case law

Power Line Pkg. v. Hermes Calgon, etc.

Superior Court of Pennsylvania · Jan 10, 2017

The evidence clearly establishes, then, that Defendants' assertions that Power Line's labor costs were based upon mere speculation, and that warehousing costs for products manufactured for Defendants were incurred at Power … Defendants clearly communicated to Power Line their intention to pay for the services and materials rendered by Power Line. 142.

SDSP v. Attias, M.

Superior Court of Pennsylvania · Jun 20, 2023

In order for Subcontractors to have established an unjust enrichment claim against WPHS, it is axiomatic that they must have established a benefit or enrichment was conferred upon WPHS.46 See Karden Construction ______ … To qualify as a substantially prevailing party under CASPA, a party need not only recover on its claim, but also prove the opposing party, without good faith reason, failed to comply with the mandate of prompt payment.

Goldblatt, B. v. Young, J.

Superior Court of Pennsylvania · Jul 31, 2017

It is not clear why since the Agreement qualified the deposit with the phrase “during the term of the marriage.” … She asserts that Judge Gilman failed to establish that Judge DiSalle’s original order was both “clearly erroneous” and “would create a manifest injustice if followed.”

Com. v. Peterman, C.

Superior Court of Pennsylvania · Sep 8, 2016

The Commonwealth presented Rachel Berger, M.D. and qualified her as an expert in the field of pediatrics and child abuse. Trial Transcript page ( TI p.) 196. Dr. … Clearly, the jury determined that Defendant did commit the Aggravated Assault, and that, Defendant conspired with Fair to commit the Aggravated Assault.

Kaplan, A. v. Weinstein Appraisal

Superior Court of Pennsylvania · Aug 22, 2022

Whether the competent evidence in the record establishes that Kaplan’s employment was terminated by Weinstein? III. … In this vein, WAG directs us to those parts of the record which, it believes, established that Mr. Kaplan was not involuntarily terminated.

Riverview Carpet & Flooring, Inc. v. Presbyterian

Superior Court of Pennsylvania · Jun 8, 2023

The Longwood Management Agreement required Sodexo to provide Longwood with a qualified General Manager to function as the head of Longwood’s maintenance department. … McCollum quickly established himself as an integral part of the unit turnover process.

Com. v. Arroyo, C.

Superior Court of Pennsylvania · Apr 23, 2021

No viable motivation for these clearly traumatized children to have fabricated anything had been presented. … Likewise, the clearly biased defense character testimony did not dispel the jury's assessment of credibility.

V.D.M. v. R.C.G.

Superior Court of Pennsylvania · Jan 23, 2020

Mother insists that the trial court failed to provide notice of the January 24, 2019 hearing and then altered the record to establish that it provided notice of the hearing. Id. … The interviews with [C]hild, . . ., showed a transition from when [C]hild showed affection for, and satisfaction with, both parents, to a clearly articulated preference for living primarily with Father and

Adoption of: J.D., Appeal of: S.D.

Superior Court of Pennsylvania · Sep 12, 2023

Moreover, the trial court noted that it looked for affirmation from Father that he wished for reunification, but clearly stated that “[w]hile not determinative of the outcome, [the trial c]ourt found the absence of a more … An additional exhibit An additional exhibit established established that that Father

J.F. v. B.A.

Superior Court of Pennsylvania · May 21, 2018

The potential harm that may result from the disruption of established patterns of care and emotional bonds underscores the need for continuity, stability, and finality imparted to custody arrangements. Jackson v. … - 14 - J-S12019-18 court’s apparent inference that Mother’s parenting methods, which have clearly produced a strained relationship between Mother and Je.F., would also produce

In the Interest of: D.N.W., Appeal of: D.M.L.W.

Superior Court of Pennsylvania · Nov 21, 2018

Upon review, we determine that Father has failed to establish that the orphans’ court abused its discretion when it involuntarily terminated Father’s parental rights pursuant to Section 2511(a)(2) and (b) … The children's medical needs and immunizations are also up to date. Id. at 9. Ms. Hartman further testified that the foster mother meets the children's developmental needs.

K.T. v. H.T.

Superior Court of Pennsylvania · Oct 19, 2015

It is well-established that “each court is the exclusive judge of contempts against its process.” G.A. v. D.L., 72 A.3d 264, 269 (Pa. Super. 2013) (citation omitted). … However, ca F qualifies the experience by saying that when she was with him it wasn't like she was with him 100% of the time.

Carlitz, J. v. Delta Medix, P.C.

Superior Court of Pennsylvania · Apr 4, 2017

A18011/16 Although all new trial orders are subject to appellate review, it is well -established law that, absent a clear abuse of discretion by the trial court, appellate … And it's clearly not. So, the proper remedy should be the mistrial and payment of costs.

In the Int. of: R.M.B. Appeal of: P.B.

Superior Court of Pennsylvania · Apr 15, 2015

There was insufficient evidencepresented at trial to establish that the conditions which led to the removal or placement of the child continued to exist and that the termination of parental rights would best … Lenora Hermann Finn, qualified as an expert in 'the field of clinical psychology, testified that she conducted two separate assessments on Mother. Dr.

In the Interest of: M.S.D., Jr., a Minor

Superior Court of Pennsylvania · Dec 4, 2017

each case and consider all explanations offered by the parent facing termination of …her parental rights, to determine if the evidence, in light of the totality of the circumstances, clearly … The record established by clear and convincing evidence that the change of permanency goal from reunification to adoption was proper.

Com. v. Hopkins, G.

Superior Court of Pennsylvania · Aug 31, 2015

She was then qualified as an expert in the field of serology. (N.T. 11/15/13 at 39). … She further noted that she is qualified in technical review. (N.T. 11/18/13 at 10).

Century Indemnity Co. v. OneBeacon Insurance

Superior Court of Pennsylvania · Sep 1, 2017

Clearly, the “Reinsurance Accepted” amount limits OneBeacon’s liability to pay for losses. … Since the finding remains subject to a motion for reconsideration and has not been appealed, it does not qualify as a final judgment.

Com. v. Duran, E.

Superior Court of Pennsylvania · Dec 28, 2016

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 … Lay stated that he had been qualified as an expert in firearms identification 286 times in state and federal court.

Charter Homes at Mill Creek v. Charlan Group

Superior Court of Pennsylvania · Apr 26, 2019

This lawsuit has arisen due to the breakup of the business relationships the parties had established over the years. 6. … The Lot Purchase Agreement clearly contemplates a sharing of savings and a sharing of any excess Improvement Costs, 20  33.

Masserrat, M. v. Masserrat, E.

Superior Court of Pennsylvania · Feb 27, 2017

Notably, Tahir was not qualified as a valuation expert as to the home’s furnishings or jewelry owned by Wife. … (8) The value of the property set apart to each party. 12  (9) The standard of living of the parties established during the marriage.