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  • Wolf v. Scarnati

    Publication Date: 2020-07-13
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0734

    Court found general assembly's attempt to overturn governor's proclamation of disaster emergency via a concurrent resolution without presentment to the governor violated §7301(c) of the emergency services management code because §7301(c)'s provision allowing the general assembly to terminate a state of disaster emergency by concurrent resolution required presentment of that resolution to the governor. Resolution was a legal nullity.

  • Easton Area Sch. Dist. v. Miller

    Publication Date: 2020-06-29
    Practice Area: Public Records
    Industry: Education
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0676

    School bus surveillance video constituted public record subject to disclosure under the Right-to-Know Law where no evidence that disclosure would lead to loss of federal funding for school district pursuant to FERPA. Order of the commonwealth affirmed, case remanded with instructions.

  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.

  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.

  • Commonwealth v. Taylor

    Publication Date: 2020-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0580

    Juvenile court erred in considering juvenile defendant's failure to admit guilt to the charged offenses in deciding to transfer the case to adult criminal court, thereby violating the juvenile's privilege against self-incrimination. Order of the superior court reversed, case remanded.

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • N. Berks Reg'l Police Comm'm v. Berk County Fraternal Order of Police

    Publication Date: 2020-06-08
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0573

    The lower courts erred in overturning an arbitration award reinstating a police officer who was disciplined for unauthorized access to protected information since the arbitrator did not exceed his powers so as to create a basis for the vacation of the award under the narrow certiorari standard of review. The high court reversed for reinstatement of the arbitration award.

  • Ladd v. Real Estate Comm'n of the Commonwealth

    Publication Date: 2020-06-08
    Practice Area: Regulation
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0577

    The Real Estate Licensing and Registration Act's broker licensing requirements were unconstitutional as applied to operator of short-term vacation property rental website as unduly burdensome. Order of the commonwealth court reversed, case remanded.

  • Commonwealth v. Johnson

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0550

    Defendant was entitled to double jeopardy protections where prosecution's egregious lack of preparation for capital case constituted reckless disregard of a substantial risk of depriving defendant of a fair trial. Order of the superior court reversed, case remanded.

  • Carr v. Pennsylvania Dep't of Transp.

    Publication Date: 2020-06-01
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0545

    The commonwealth court erred in reversing the dismissal of a probationary public employee due to her speech on social media where the court failed to engage in the balancing of interests required by Pickering v. Bd. of Education and related U.S. Supreme Court precedent. The high court reversed the commonwealth court's ruling.

  • Commonwealth v. Hoover

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0548

    Vacating order terminating sentence of intermediate punishment following defendant's subsequent arrest violated due process where trial court did not condition the order of termination on defendant's future conduct. Order of the superior court reversed.