US Courts

Custody Ruling Affirmed, Appeal Dismissed Due to Brief Defects

The Pennsylvania Superior Court affirmed a lower court's custody order and dismissed an appeal filed by the father due to defects in his appellate brief. The court cited the father's history of filing numerous motions and the specific deficiencies in the brief as grounds for dismissal.

Kitner's Lawn & Landscaping, LLC v. LRM Masonry, LLC - Denial of Petition to Open Judgment

The Pennsylvania Superior Court affirmed the denial of a petition to open a default judgment against LRM Masonry, LLC. The court found that LRM failed to establish a reasonable excuse for not filing a timely answer and that the plaintiff complied with service requirements.

Superior Court upholds denial of PCRA petition for ineffective counsel

The Pennsylvania Superior Court has upheld the denial of a PCRA petition filed by Jacob Tyler Rupert. Rupert had claimed ineffective assistance of trial counsel. The court affirmed the lower court's decision, finding no merit in the claims presented.

T.M.G. v. O.T.C. - Parental Rights Termination Appeal

The Superior Court of Pennsylvania affirmed decrees terminating the parental rights of T.M.G. to her four children. The court granted the mother's counsel's application to withdraw, finding no reversible error in the lower court's decision.

Custody Order Affirmed for Father in Roy v. Cianciotta

The Pennsylvania Superior Court affirmed a custody order that awarded sole legal and primary physical custody of one child to the mother and shared legal and primary physical custody of another child to the mother. The father had appealed the order, citing the parents' history of opioid addiction and criminal behavior.

Superior Court Vacates Termination, Remands for Counsel

The Pennsylvania Superior Court vacated an order terminating parental rights and remanded the case for a new hearing. The court found that the minor child was not represented by counsel, which is required by statute. The case involves a father appealing the termination of his parental rights to his child.

Miller v. Miller - Arbitration Ruling

The Idaho Supreme Court affirmed a district court's decision regarding the arbitrability of a divorce action. The court ruled that divorce matters can be submitted to arbitration, affirming an arbitrator's award that included unequal division of marital assets and retroactive child support. The case is remanded for consideration of attorney fees.

CVS Pharmacy v. Swyft Inc. - Breach of Settlement Agreement

CVS Pharmacy has filed a lawsuit against Swyft Inc. alleging breach of a settlement agreement and a master rental and services agreement. The complaint also includes claims for false designation of origin under the Lanham Act and unfair competition under California state law. The case was filed in the U.S. District Court for the Northern District of California.

State v. Trombley - Bail Jumping Statute Unconstitutionally Vague

The Montana Supreme Court affirmed a lower court's decision in State v. Trombley, ruling that the state's bail jumping statute (§ 45-7-308, MCA) is not unconstitutionally vague. The court found that the statute sufficiently defined the offense and that the State had alleged sufficient facts to establish probable cause.

State v. Sanchez - Montana Supreme Court Ruling

The Montana Supreme Court reversed in part and remanded a ruling in State v. Sanchez. The court found that the District Court's disposition illegally extended the defendant's sentence by including the probationary period in the revocation of the suspended portion. The case is remanded for correction of the disposition.