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Publication Date: 2024-09-13
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 108 MAP 2023
Trial court had jurisdiction to issue predicate findings for special immigrant juvenile status when making a custody determination that granted sole custody to one parent. Order of the superior court reversed and remanded.
Publication Date: 2024-09-06
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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for defendant:
Case Number: 104 MAP 2022
Lower courts erred in enjoining property owner from posting signs protesting neighbor's allegedly racist behavior where posting the signs constituted pure speech as it was motivated in part by highlighting the community effects of racism, and thus an injunction constituted an impermissible prior restraint on speech. Order of the superior court vacated in part.
Publication Date: 2024-09-06
Practice Area: Real Estate
Industry: Transportation
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 73 MAP 2023
The court reversed the Commonwealth Court and remanded for reinstatement of the trial court's order dismissing the condemnation action where appellants proved that the public was not the "primary and paramount beneficiary" of the taking.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 36 MAP 2023
Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.
Publication Date: 2024-08-02
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 28 WAP 2022
Local residents appealed the Commonwealth Court's decision holding that a zoning hearing board erred as a matter of law by concluding that plaintiff property owner's proposed development was not a use permitted by right in a particular zoning district of defendant borough. The court affirmed, holding that under defendant's zoning ordinance and the Municipalities Planning Code, defendant's zoning officer had authority to issue a zoning "use" permit that simply recognized that an applicant's proposed use was allowed by right in a partic
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Publication Date: 2024-08-02
Practice Area: Administrative Law
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 20 MM 2023
Unsuccessful category 4 slot machine license bidder challenged board's grant of the license and court found 4 Pa.C.S. §1305.2(c) was a jurisdictional provision, satisfaction of which had to be met before board could consider an application submitted by the auction winner but that section only defined board's conduct in connection with Category 4 slot machine license auctions, not its competency to preside over auction, application and licensing proceedings. Affirmed.
Publication Date: 2024-08-02
Practice Area: Environmental Law
Industry: Non-Profit | State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 85 MAP 2022
Nonprofit environmental corporations appealed the Commonwealth Court's denial of their petitions to intervene in litigation involving the Pennsylvania Department of Environmental Protection's rulemaking regulation intended to effectuate the Commonwealth's membership in the Regional Greenhouse Gas Initiative. The court reversed the denial of intervention, holding that the nonprofits had legally enforceable interests that entitled them to intervention in light of evidence demonstrating the effects of carbon dioxide emissions and the imp
Publication Date: 2024-08-02
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 23 EAP 2023
Appellant challenged the Superior Court's decision that he had forfeited his right to appeal the admissibility of prior conviction evidence at trial after he preemptively introduced the evidence himself. The court reversed and remanded with instructions, holding that a defendant who was unsuccessful in excluding prior conviction evidence via a motion in limine at trial may challenge the trial court's admissibility ruling on appeal after preemptively introducing that evidence at trial.
Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 75 MAP 2022
Commonwealth Court did not err in allowing mandamus damages in appellees' actions against the liquor control board for failing to perform its duty to implement direct shipment of orders to customers because PLCB was a "person" subject to mandamus damages under 42 Pa. C.S. §8303 and sovereign immunity did not bar mandamus damages sought pursuant to that provision. Affirmed.
Publication Date: 2024-06-28
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice McCaffery
Attorneys: For plaintiff:
for defendant:
Case Number: 87 MAP 2023
Superior court erred in requiring Post Conviction Relief Act counsel to submit a merits brief after learning of defendant's intention to assert ineffective assistance claims against PCRA counsel, and should have instead remanded the case to the PCRA court. Order of the superior court reversed and remanded.
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