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Publication Date: 2023-06-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 3 WAP 2022
Commonwealth appealed superior court's ruling that parole board had exclusive jurisdiction over appellee's parole and trial court erred in revoking it and court concluded the clear language of 42 Pa.C.S. §9771 explicitly forbade anticipatory revocation of a probation sentence that had not yet started. Affirmed.
Publication Date: 2023-06-05
Practice Area: Litigation
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 41 MAP 2022
Appellant appealed a decision of the Commonwealth Court holding that appellant lacked standing to seek judicial review of a variance decision of a local zoning board. The court affirmed.
Publication Date: 2023-06-05
Practice Area: Consumer Protection
Industry: Retail
Court: Supreme Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 461 WDA 2022
Plaintiffs who alleged retailer's technical violations of federal Fair and Accurate Credit Transactions Act without some other personal, substantial, and immediate harm could not establish standing under Pennsylvania law. Order of the trial court reversed, case dismissed.
Publication Date: 2023-06-05
Practice Area: Wrongful Death
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 6 WAP 2022
Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.
Publication Date: 2023-05-29
Practice Area: Whistleblower Laws
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohoe
Attorneys: For plaintiff:
for defendant:
Case Number: 85 MAP 2021
Commonwealth court erred and misapplied the law when it concluded appellant's evidence in her whistleblower complaint was merely her perception of antagonistic conduct and court found appellant provided evidence of facts supporting an inference of a pattern of post-reporting antagonism that culminated in her discharge. Vacated and remanded.
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Authors: Gary L. Brown
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Publication Date: 2023-05-15
Practice Area: Employment Litigation
Industry: Retail
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 11 WAP 2022
Defendants, an employer and two of its store supervisors, appealed a Superior Court order affirming the trial court's denial of their motion for summary judgment, which asserted the exclusivity provision of the Pennsylvania Workers' Compensation Act. The court reversed.
Publication Date: 2023-05-15
Practice Area: Administrative Law
Industry: Energy | Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 69 MAP 2021
Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.
Publication Date: 2023-05-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 39 MAP 2022
Commonwealth court erred in upholding appellant's sentence on his first DUI where appellant was sentenced to two DUI's on the same day and trial court found both offenses had to be considered prior offenses to each other because subsection 3806(b)(3) made clear that when two or more judgments of sentence were entered on the same day, that timing did not impact the calculation of the sentences as a prior offense at the time of sentencing on the present violation. Reversed.
Publication Date: 2023-05-08
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 70 MAP 2022
Appellant appealed his sentence, contending the vehicle code provision that he violated was unconstitutionally vague for failing to specify a maximum term of imprisonment. The court affirmed the Superior Court's order affirming appellant's judgment of sentence.
Publication Date: 2023-05-08
Practice Area: Environmental Law
Industry: Energy | Retail | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21 MAP 2022
Commonwealth court correctly reversed board's decision that plaintiffs were ineligible for payments from the Underground Storage Tank Indemnification Fund because §706(3) of the Storage Tank And Spill Prevention Act required the USTs to be registered and the §503 registration fees to have been paid at any time prior to the fund's eligibility decision and appellees paid the fees prior to that decision. Affirmed.
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