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  • Briggs v. Sw. Energy Prod. Co.

    Publication Date: 2020-02-03
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0100

    The superior court erred in ruling that the "rule of capture," which protects a developer from trespass liability where there has been no physical invasion of another's property, did not apply as a matter of law to defendant's extraction of natural gas though hydraulic fracturing operations conducted on its own leased property. The high court reversed and remanded.

  • Commonwealth v. Starry

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0106

    BAC of .304 from a blood test taken 40 minutes outside the maximum two-hour window under the highest rate DUI statute created strong inference that established prima facie case of violation. Order of the superior court affirmed.

  • City of Pittsburgh v. Fraternal Order of Police

    Publication Date: 2020-02-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0098

    The intermediate court erred in overturning an arbitration award in favor of the union representing police and firefighters seeking compensation for involuntary work since judicial review of an arbitration award involving police and firemen is narrowly constrained to the jurisdiction and authority of the arbitrator, regularity of the proceedings and whether any constitutional rights were violated. The high court reversed and remanded.

  • In re: Grand Jury Investigation No. 18

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0103

    Grand jury's report was improperly publicly released where it did not make legislative, executive, or administrative recommendations in the public interest but instead merely focused on the alleged unchargeable crimes of a single person and the relief that could be provided to the victims of those alleged crimes. Order of the supervising judge vacated and remanded.

  • Commonwealth v. Parrish

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0105

    Appellate counsel's filing of a deficient Rule 1925(b) constituted ineffective assistance of counsel and entitled appellant to reinstatement of his right to file a Rule 1925(b) statement nunc pro tunc. Case remanded.

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Weeks v. Dep't of Human Serv.

    Publication Date: 2020-01-06
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1522

    Commonwealth court properly denied preliminary injunctive relief in appellants' action challenging act 12 on constitutional grounds and correctly concluded that act 12 did not violate art. III, §§ 1 and 3 of the Pennsylvania constitution since the act as a whole related to the provision of benefits pertaining to the basic necessities of life to certain low-income individuals. Affirmed.

  • Suffolk Constr. Co. v. Reliance Ins. Co.

    Publication Date: 2019-12-30
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1507

    Commonwealth Court erred in finding that settlement agreement of dispute over construction quality clearly and unambiguously precluded objector from filing its claim for coverage from its own insurer because the agreement was ambiguous at best as to whether objector released its own insurers. Vacated and remanded.

  • Sayles v. Allstate Ins. Co.

    Publication Date: 2019-12-16
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1441

    Insurance policy provisions allowing insurers to require insureds to submit to independent medical examinations to receive first-party medical benefits violated the Motor Vehicle Financial Responsibility Law and was against public policy. Matter returned to the Third Circuit.

  • Estate of Wilson v. State Employees' Ret. Bd.

    Publication Date: 2019-12-09
    Practice Area: Administrative Law | Trusts and Estates
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1421

    Commonwealth court erred in holding the mailbox rule applied to a requested change of beneficiary designation and plan option forms for benefits payable under State Employees' Retirement System because the option change was not effective until receipt by SERS and the common law mailbox rule did not apply. Reversed.

  • In re Risperdal Litigation

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1418

    Superior court erred in affirming trial court's grant of summary judgment in favor of pharmaceutical manufacturer because genuine issues of material fact remained with respect to manufacturer's statute of limitations defense.