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  • Krasner v. Ward

    Publication Date: 2024-10-18
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 EAP 2023

    The court held that the articles of impeachment of the District Attorney of Philadelphia passed by the House of Representatives of the 206th Session of the General Assembly became null and void upon the expiration of the 206th Session of the General Assembly. The court reversed the part of the summary judgment of the Commonwealth Court that denied the DA's request for relief on that point.

  • Pearlstein v. Commonwealth

    Publication Date: 2024-10-18
    Practice Area: Tax
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 MAP 2023

    Deferral of gains from like-kind exchanges of property was not permissible where such a method did not "clearly reflect" a taxpayer's income as defined by the Tax Reform Code. Order of the commonwealth court affirmed.

  • Commonwealth v. Walters

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 102 MAP 2022

    Trial court erred in admitting medical examiner's opinion of cause of death where it was not based on any objective medical evidence but solely on a witness's history of the case. Order of the superior court reversed, judgment of sentence vacated, case remanded.

  • Commonwealth v. Anderson

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 801 CAP

    Evidence was sufficient to support first-degree murder conviction where appellant admitted to shooting the victims and the manner of their death permitted the jury to infer that defendant had specific intent to kill. Judgment of sentence affirmed.

  • Commonwealth v. Berry

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 EAP 2023

    A sentencing court may not lawfully consider a defendant's record of prior arrests which did not result in either juvenile adjudications or adult convictions as a factor in sentencing. Reversed and remanded.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Commonwealth v. Thomas

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 808 CAP

    Appellant appealed the dismissal of his Post Conviction Relief Act petition after he was convicted by a jury of first-degree murder and related crimes. The court affirmed, holding that appellant failed to demonstrate intentional or reckless prosecutorial misconduct where the prosecutor in his case relied on a documentary exhibit to refresh a testifying police officer's memory regarding a fact later contradicted by other police officers.

  • Ungarean v. CAN & Valley Forge Ins. Co.

    Publication Date: 2024-10-11
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11 WAP 2023

    Insured was not entitled to business income or extra expense losses resulting from partial shutdowns in response to government orders during COVID pandemic as policies required physical alteration of the property. Order of the superior court reversed, case remanded.

  • Circle of Seasons Charter Sch. v. Nw. Lehigh Sch. Dist.

    Publication Date: 2024-10-11
    Practice Area: Tax
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 99 MAP 2022

    Property owner was not entitled to nunc pro tunc relief where it had an opportunity to seek retroactive application of tax-exempt status by appealing the decision conferring such status. Order of the Commonwealth Court reversed, judgment of the trial court reinstated.

  • In re: Canvass of Provisional Ballots in the 2024 Primary Election

    Publication Date: 2024-09-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 55 MAP 2024

    Failure to sign outer envelope of provisional ballot precluded counting of the ballot as the Election Code made the signature a mandatory requirement to ensure the validity of the ballot. Order of the commonwealth court affirmed.

  • Caruso v. Caruso

    Publication Date: 2024-09-27
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14 WAP 2023

    Appellant appealed the trial court's order granting specific performance of a partnership agreement's buy-out provision. The court reversed, holding that the spouse of a deceased business partner who was not an original party to a partnership agreement, nor a third-party beneficiary of that agreement, and where the terms of the agreement did not permit assignment of a deceased partner's interest to a non-party could not be permitted to "step into the shoes" of the deceased partner and enforce the partnership agreement.