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  • County of Fulton v. Sec'y of the Commonwealth

    Publication Date: 2023-05-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3 MAP 2022

    Court sanctioned county and its counsel for willful violations of protective order prohibiting third-party inspections of voting machines that had been decertified by the secretary of the commonwealth. Respondent's application for contempt and sanctions granted.

  • Franks v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2023-05-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 42 MAP 2022

    Appellants appealed the Superior Court's decision affirming the trial court's determination that they were not entitled to stacked underinsured motorist coverage after they removed a vehicle from their multi-vehicle insurance policy without executing a new stacked coverage waiver. The court affirmed.

  • Commonwealth v. Perrin

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 EAP 2022

    Parties' joint stipulation affirming witness's credibility in motion for new trial was not valid or enforceable where trial court possessed sole discretion regarding credibility determinations. Order of the superior court affirmed.

  • Commonwealth v. Green

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 WAP 2022

    Juvenile Code imposed strict deadline for trial court's ruling on juvenile's decertification petition, with no legislative text indicating a basis to adopt good cause exceptions to the deadline, such that the trial court's untimely order was a legal nullity and defendant's petition was denied by operation of law. Order of the superior court affirmed.

  • Yount v. Pennsylvania Lawyers Fund for Client Sec.

    Publication Date: 2023-04-03
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2842 DD3

    Hearing committee properly found that attorney's subpoena for hearing recording under Pa.R.D.E. 521(c) was invalid because that rule was only valid for summoning witnesses to testify at the hearing. Affirmed.

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  • United States v. Harris

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 EAP 2022

    Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.

  • Commonwealth v. Johnson

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 792 CAP

    Trial counsel was not ineffective for failing to call expert witnesses or develop and present evidence in support of the defense, where trial counsel had made a strategic choice not to present the identified witnesses and evidence to minimize the gruesome nature of the crime to help defendant avoid the death penalty, given the overwhelming evidence of his guilt. Order of the PCRA court affirmed.

  • Commonwealth v. Wallace

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 93 MAP 2021

    Jamal Wallace appealed the superior court's order affirming appellant's judgment of sentence for aggravated assault, criminal conspiracy, and carrying a firearm without a license. Appellant's conviction arose from the shooting of Kamaal Dutton. As part of the investigation, police discovered that several businesses near the location of the shooting had exterior surveillance cameras. Investigators recovered surveillance footage that depicted two adults later identified as appellant and Mason Clary in the area in the hours leading up to

  • Clean Air Council v. Commonwealth

    Publication Date: 2023-03-13
    Practice Area: Environmental Law
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 73 MAP 2021

    The Environmental Hearing Board erred in concluding that no private party to an appeal under the Clean Streams Law may be compelled to reimburse another party for attorneys' fees and costs unless it has pursued or defended the appeal in bad faith or for an improper purpose. The court vacated the Commonwealth Court's contrary rulings in consolidated cases and remanded for further Board proceedings.

  • Synthes USA HQ, Inc. v. Commonwealth

    Publication Date: 2023-03-13
    Practice Area: Tax
    Industry: Legal Services | Manufacturing | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11 MAP 2021

    Court found the office of attorney general was permitted to take a position inconsistent with that of the department of revenue regarding the meaning of 72 P.S. §7401(3)2.(a)(17), that department's interpretation of subparagraph 17 to require the use of the benefit-received method was correct and plaintiff was due a refund of its 2011 corporate net income tax. Affirmed.