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Publication Date: 2021-12-06
Practice Area: Education Law
Industry: Education
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1410
Privately communicated offensive online memes did not meet the true threat exception to warrant a student's expulsion, where there was no evidence of the maker's intent to terrorize and where there was no substantial disruption to school operations. Order of the commonwealth court affirmed.
Publication Date: 2021-11-15
Practice Area: Civil Procedure
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1325
Superior court erred in affirming trial court's grant of motion to amend answers to include an affirmative defense of statute of limitations, which a prior motion judge had ruled was waived, because the coordinate jurisdiction rule applied and there was no basis for trial judge to disturb motion judge's holding that appellees waived the defense. Reversed and remanded.
Publication Date: 2021-11-15
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1329
A criminal defendant was entitled, after obtaining new PCRA counsel, to assert a claim of ineffective assistance of prior PCRA counsel at the first available opportunity following the appearance of new counsel, even while a PCRA petition was on appeal. Judgment of the superior court reversed, case remanded.
Publication Date: 2021-11-08
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1294
Appellant challenged the standards by which police officers could remove objects detected during a Terry stop and frisk and court found officer could remove the object if he or she had reasonable suspicion the object was a weapon or, if officer determined the object was not a weapon, if it was immediately apparent by touch that the object was illegal contraband. Affirmed.
Publication Date: 2021-11-08
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1302
Lawful firearms owners who resided or worked in or regularly traveled to a municipality had standing to challenge municipal ordinances regulating the possession and use of firearms as the active enforcement of the ordinances gave the owners a substantial and immediate interest in determining the legality and constitutionality of the ordinances. Order of the commonwealth court affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2021-11-08
Practice Area: Government
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1305
The commonwealth court did not err in finding that the Home Rule Charter and Optional Plans Law's business exclusion precluded a Pittsburgh ordinance that proscribed source-of-income discrimination in Section 8 housing. The high court affirmed.
Publication Date: 2021-10-25
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1236
Secretary of education was entitled to consider financial impacts to proposed independent school district and the existing school districts that students in the independent district would transfer from and to when evaluating a petition from "an educational standpoint." Order of the commonwealth court reversed, case remanded.
Publication Date: 2021-10-25
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1234
Trust beneficiary entitled to fixed annuity payments had standing from equitable interest in trust corpus to challenge trustee's administration and request for additional compensation. Order of the superior court reversed.
Publication Date: 2021-10-18
Practice Area: Premises Liability
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1201
Claim of sovereign immunity was immediately appealable under the collateral order doctrine as sovereign immunity was a protection from suit, not just liability for damages, and therefore would be irreparably lost if public entity were forced to litigate all the way to final judgment to seek appellate review on its immunity claim. Order of the commonwealth court reversed and remanded.
Publication Date: 2021-10-18
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1208
Appellant appealed the grant of a sexual violence protective order and court found petitions under the Protection of Victims of Sexual Violence or Intimidation Act were subject to the six-year catch-all statute of limitations and the continued risk of harm element did not require trial court to evaluate the reasonableness of a plaintiff's mental and emotional reactions. Affirmed.
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