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  • Commonwealth v. Coleman

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0543

    The lower courts erred in dismissing defendant's ineffective assistance of counsel claim, which rested on the uncontested admission of hearsay testimony, where the hearsay was offered for another purpose, not the truth asserted therein, but the trial court offered no corresponding limiting instruction. Affirmed in part, reversed in part and remanded.

  • Colagreco v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-06-01
    Practice Area: Administrative Law
    Industry: Investments and Investment Advisory | State and Local Government
    Court: Supreme Court
    Judge: Justice Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0546

    The Workers' Compensation Appeal Board did not err in affirming the termination of claimant's benefits, even though employer did not file a termination petition, where claimant received adequate notice that her recovery from a work injury was at issue and she had a full and fair opportunity to defend. The commonwealth court affirmed.

  • Commonwealth v. Trahey

    Publication Date: 2020-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0476

    The superior court erred in finding that exigent circumstances in this DUI fatality case justified a warrantless blood draw of defendant's blood for testing as there was no time-sensitive need for such a test given the availability of a breathalyzer machine. The high court reversed and remanded.

  • Office of Disciplinary Counsel v. Altman

    Publication Date: 2020-05-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0483

    Court agreed that disbarment was warranted where attorney was found guilty of violations of multiple rules of professional conduct for having a sexual relationship with a client while representing her and engaging in business transactions with her. Exceptions denied.

  • Commonwealth v. Koehler

    Publication Date: 2020-05-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0477

    The court below erred in denying defendant's petition for relief under the Post Conviction Relief Act based on alleged judicial bias at the appellate court level due to lack of authority, as the PCRA court had inherent authority to grant a nunc pro tunc appeal to remedy an alleged due process violation in the prior appeal. The high court reversed and remanded.

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    Authors: Mary Anthony Merchant

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  • Trigg v. Children's Hosp. of Pittsburgh of UPMC

    Publication Date: 2020-05-11
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0482

    Superior court erred in considering appellees' argument that trial court erred by not personally observing the demeanor of prospective jurors during voir dire because appellees waived the issue for appellate review by making no contemporaneous or pretrial objections to trial judge's absence. Vacated.

  • In the Interest of: J.M.G.

    Publication Date: 2020-05-11
    Practice Area: Civil Rights | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0481

    Lower court erred in applying harmless error analysis to violation of therapist-patient privilege by disclosing unredacted treatment records to Sexual Offender Assessment Board in Act 21 proceeding. Judgment of the superior court reversed, case remanded.

  • Commonwealth v. Trahey

    Publication Date: 2020-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0476

    The superior court erred in finding that exigent circumstances in this DUI fatality case justified a warrantless blood draw of defendant's blood for testing as there was no time-sensitive need for such a test given the availability of a breathalyzer machine. The high court reversed and remanded.

  • A Special Touch v. Commonwealth

    Publication Date: 2020-05-04
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0460

    Commonwealth court erred in reversing Department of Labor and Industry's determination that nail salon personnel were not "customarily engaged" in an independently established business or trade for the purposes of subsection (4)(l)(2)(B) because "customarily engaged" required an individual actually be involved, as opposed to merely having the ability to be involved, in an independently established trade or business. Reversed.

  • Commonwealth v. Tedford

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0456

    PCRA petition based on failure to disclose entire investigatory denied where petition was not field within 60 days of the police's disclosure of the existence of additional investigatory materials. Order of the PCRA court affirmed.