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  • Crown Castle NG E. LLC v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-08-03
    Practice Area: Public Utilities
    Industry: Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0817

    Public Utility Commission's statutory interpretation not entitled to court deference where Public Utility Code unambiguously defined distributed antenna system networks as public utilities as they did not provide cellular mobile services. Order of the commonwealth court affirmed.

  • Maas v. UPMC Presbyterian Shadyside

    Publication Date: 2020-08-03
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0824

    Superior court correctly determined that under Emerich v. Phila. Ctr. For Human Dev., Inc. 720 A.2d 1032, appellants had a duty to warn "readily identifiable" victims and record supported a finding that victim, who lived five doors from mental health patient who repeatedly threatened to kill his "neighbors," was just such a "readily identifiable" victim. Affirmed.

  • In re: Estate of Small

    Publication Date: 2020-08-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0820

    Forfeiture of parent's share under dependent child statute denied where the alleged failure to support occurred during the decedent's adulthood, and where the decedent's physical disability set in during his adulthood as well. Order of the superior court affirmed.

  • Commonwealth v. King

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0812

    Where defendant entered into one agreement with his co-conspirator to commit murder, and failed in his attempt to murder the victim, who survived a shooting, he could not be sentenced to serve separate terms for the inchoate crimes of conspiracy and attempt. The high court vacated and remanded.

  • Commonwealth v. McClelland

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0815

    Trial court violated defendant's rights in finding prima facie case for criminal charges when commonwealth relied solely upon hearsay evidence at preliminary hearing. Order of the superior court reversed.

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    Authors: Spencer G. Markle

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  • Renner v. Court of Common Pleas of Lehigh County

    Publication Date: 2020-08-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0822

    Commonwealth court properly found that CCP was immune from suit in appellant's discrimination and retaliation action under the PHRA and court found application of the PHRA to the judiciary and its employees infringed on the court's ability to administer the courts, promulgate rules and policies and supervise its employees and violated the separation of powers. Affirmed.

  • Benyo v. Breidenbach

    Publication Date: 2020-08-03
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0811

    The superior court properly held that anti-alienation provisions governing municipal pensions found in various statutes protected assets from attachment and other legal process only while those assets remained in the possession of the pension fund administrator. The high court affirmed and remanded for further proceedings.

  • Commonwealth v. Lacombe

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0814

    Subchapter I of Sex Offender Registration and Notification Act did not constitute a punitive law given the compelling government interest of public safety in providing citizens with information about sex offenders in their neighborhoods, where the punitive effects were not excessive in relation to those public safety goals, such that the retroactive effect of Subchapter I did not constitute an ex post facto violation. Orders of the trial court reversed.

  • Temple v. Providence Care Ctr., LLC

    Publication Date: 2020-08-03
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0825

    Superior court erred in finding that trial court invoked its sua sponte authority to declare a new trial because trial court granted a new trial based on defendant nursing home facility's unpreserved motions for a mistrial, which was legal error. Reversed.

  • Commonwealth v. Hamlett

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0809

    The high court refused to bar Pennsylvania appellate courts from exercising their discretion to apply the harmless-error doctrine when deemed warranted in criminal cases where advocacy from the commonwealth on the issue is lacking. The high court affirmed defendant's judgment of sentence.