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  • Commonwealth v. Moore

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0369

    Superior court correctly dismissed appellant's habeas petition, challenging his sentence on the grounds the statute under which he was sentenced was unconstitutionally vague, because appellant's claim was cognizable under the Post Conviction Relief Act and was facially untimely. Affirmed.

  • In re P.G.F.

    Publication Date: 2021-04-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0370

    Superior court properly terminated appellant's parental rights where attorney appointed as both counsel and guardian ad litem for child did not expressly inquire into six year old's preferred outcome of the termination proceedings but attorney was able to fulfill her professional duties and act in both roles. Affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0362

    Both summary and greater criminal offenses from same criminal incident in a single judicial district were required to be heard together in the common pleas court, rather than having summary offenses heard in municipal court and greater offenses heard separately in county courts. Order of the superior court reversed, case remanded for dismissal.

  • J.F. v. Dep't of Human Servs.

    Publication Date: 2021-03-01
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0217

    Named perpetrator of child abuse within report designated "founded" due to perpetrator's entry into Accelerated Rehabilitative Disposition program on criminal charges arising from the same alleged child abuse was entitled to a hearing to challenge the report where ARD proceedings did not constitute adequate opportunity to be heard as required for an adjudication under the Administrative Agency Law. Order of the commonwealth court affimed.

  • Gregg v. Ameriprise Fin. Inc.

    Publication Date: 2021-03-01
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking | Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0215

    Violating catch-all provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by engaging in deceptive conduct constituted strict liability offense, such that consumer's failure to establish fraudulent or negligent behavior in other claims in case did not bar statutory claim. Order of the superior court affirmed.

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-08
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0135

    Commonwealth properly held employer was not entitled under §306(a.1) of the workers' compensation act to reimbursement of benefits paid to petitioner during his pre-conviction incarceration because the language in the statues was clear and unambiguous and did not violate equal protection guarantees. Affirmed.

  • In re: Appeal of Coatesville Area Sch. Dist.

    Publication Date: 2021-02-01
    Practice Area: Civil Procedure
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0093

    The commonwealth court's unusual application of both res judicata and collateral estoppel concepts in this case was not warranted where the application did not serve to shield a party or the court from repetitive or abusive litigation, but instead thwarted a party's substantive appellate rights. The high court vacated and remanded.

  • PBS Coals, Inc. v. Commonwealth

    Publication Date: 2021-02-01
    Practice Area: Real Estate
    Industry: Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0108

    Commonwealth court erred in finding a de facto taking occurred when appellee coal companies allegedly lost access to their parcel after DOT condemned land for a highway and court found no taking occurred, highway did not block appellees from enjoying their coal estate, they failed to show they possessed any "beneficial use and enjoyment of the property" and record contained substantial evidence to show issuance of a mining permit was "speculative and uncertain." Reversed.

  • Commonwealth v. Cochran

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0091

    Defendant had no basis to challenge the sentencing court's jurisdiction under 18 Pa.C.S. §1106(c)(2) where he sought and secured a hearing on restitution to take place after the incarceration portion of his sentence and that hearing resulted in a final order months after the order imposing the incarceration portion of his sentence. The high court reversed an order vacating defendant's judgment of sentence and remanding for resentencing.

  • Commonwealth v. Montalvo

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0097

    Trial judge's misspeaking during jury instructions which misstated the commonwealth's burden of proof constituted a fundamental error that could only be remedied following the jury's verdict with the grant of a new guilt-phase trial. Order of the PCRA court affirmed.