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  • In the Interest of J.J.M.

    Publication Date: 2022-01-10
    Practice Area: Constitutional Law
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0004

    Superior court erred in upholding appellant's adjudication of delinquency for making terroristic threats under §2706(a)(3) because neither of appellant's statements were true threats, he did not utter them with conscious disregard of the risk of causing terror and they did not cross the constitutional threshold from protected speech. Reversed.

  • Steltz v. Meyers

    Publication Date: 2022-01-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0003

    Superior court erred in affirming trial court's grant of a new trial based on one question for which trial court gave a curative instruction and court found superior court's reliance on Siegal v. Stefanyszyn, 718 A.2d 1274, was misplaced and trial court did not view the question in the context of the entire trial when evaluating appellee's post-trial motion for a new trial. Reversed.

  • Hughes v. UGI Storage Co.

    Publication Date: 2021-12-13
    Practice Area: Government
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1445

    The commonwealth court erred in holding that to be held liable for damages under Pennsylvania's inverse condemnation statute, an entity must be clothed with the power of eminent domain in a general sense and be invested with eminent domain authority specific to the property at issue. The high court remanded for further proceedings.

  • Commonwealth v. Pacheco

    Publication Date: 2021-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1439

    Order for collection of real-time cell site location information met Fourth Amendment requirements where it described with particularity the target of the investigation, the target phone number, and established probable cause that the phone was used by the target and that the target was engaged in criminal activity. Order of the superior court affirmed.

  • Commonwealth v. Wharton

    Publication Date: 2021-12-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1444

    As-applied constitutional challenge to PCRA time bar failed where petitioner had not explained why he could not bring his petition within the time bar or under any of the statutory exceptions to the time bar. Order of the PCRA court affirmed.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Quigley v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1430

    Claimant appealed board's reversal of her eligibility for unemployment compensation and court found board erred in sua sponte deciding the issue and in not giving claimant a hearing on the issue. Reversed.

  • Fox v. Smith

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1405

    Venue in defamation action arising from internet communication/publication was proper in any jurisdiction where comments were read by individuals who understood such comments to be defamatory. Order of the superior court affirmed.

  • Greenwood Gaming & Ent., Inc. v. Commonwealth

    Publication Date: 2021-12-06
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1408

    Concert tickets given as gaming comps could be excluded from taxable gaming revenue as tickets were not non-excludable "services" given the tangible nature of the tickets and the fact that tickets merely conferred the right to view an artistic expression given by a performer. Order of the commonwealth court affirmed.

  • Commonwealth v. Dunkins

    Publication Date: 2021-12-06
    Practice Area: Criminal Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1404

    The trial court did not err in refusing to suppress cell site location information gathered by college officials while investigating an on-campus robbery where defendant voluntarily abandoned any purported expectation of privacy in such records by assenting to the college's computing resources policy and logging on to the college WiFi network with his cell phone. The high court affirmed.

  • Peters v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-12-06
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1416

    Plaintiff appealed the denial of his workers' compensation claim for injuries from an automobile accident occurring after an employer sponsored event at a pub and court found the traveling employee doctrine applied and claimant did not abandon his employment but that there was an unresolved conflict of testimony as to where claimant was coming from at the time of the accident. Vacated and remanded.