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Publication Date: 2023-03-13
Practice Area: Tax
Industry: Retail | State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 67 MAP 2021
Discount or coupon could establish new purchase price for sales tax only if the excluded part of the price was specifically identified and the item and coupon to which it applied was also specifically described on the invoice or receipt. Order of the commonwealth court reversed, petition dismissed.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 89 MAP 2021
Lower courts correctly distinguished Gallagher v. GEICO Indem. Co., 201 A.3d 131, and correctly enforced the household vehicle exclusion in appellant's wife's policy when he sought UM/UIM coverage for his motorcycle accident where his motorcycle insurance policy had no UM/UIM coverage and court rejected the view that household vehicle exclusions were ipso fact unenforceable. Affirmed.
Publication Date: 2023-02-27
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 102 MM 2022
Election code required absentee/mail-in ballots to have a valid date on the return envelope, and the failure to have the date rendered the ballot invalid as a matter of law. Petitioners' request for relief granted in part.
Publication Date: 2023-02-06
Practice Area: Business Torts
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 72 MAP 2021
Court expressly adopted aiding and abetting fraud as a cause of action, which required proving that a defendant had actual knowledge of an underlying fraud and actively provided assistance or encouragement. Order of the superior court affirmed in part and reversed in part.
Publication Date: 2023-02-06
Practice Area: Election and Political Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 91 MAP 2022
Candidates appealed the setting aside of their petitions to run for an office in the general election after they had voluntarily withdrawn their petitions to run in the primary election and asked the commonwealth court to remove their names from the ballot and court found the Packrall exception to the "sore loser" provision did into apply in circumstances where a candidate obtained a court order withdrawing her primary election nomination petitions pursuant to §978.4 of the election code or where a court granted a petition to set asid
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2023-02-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 55 MAP 2021
Private criminal complainants could only overturn district attorney's disapproval of complaint by proving that disapproval was made in bad faith, due to fraud, or was unconstitutional. Order of the superior court affirmed.
Publication Date: 2023-02-06
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 61 MAP 2022
Trial court erred in applying precedent that barred beneficiaries from modifying trust instrument to remove and replace trustees, where modification of trust to grant removal power to beneficiaries had been unanimously consented to by the settlor and beneficiaries. Order of the superior court reversed, case remanded.
Publication Date: 2023-01-09
Practice Area: Public Records
Industry: Education | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 88 MAP 2021
School district could meet obligations under the Right-to-Know Law and restrictions imposed by the Family Educational Rights and Privacy Act by producing bus surveillance video after redacting any student images or personally identifiable information from the video. Order of the commonwealth court affirmed.
Publication Date: 2023-01-09
Practice Area: Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 78 MAP 2021
Commonwealth court erred in overturning Environmental Hearing Board's rescission of mining permits by relying on sua sponte issues not raised on appeal by the parties. Order of the commonwealth court vacated, case remanded.
Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 32 MAP 2021
Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma
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