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  • Commonwealth v. Smith

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1413

    Firearm manufacturer's number that was scratched but still legible did not constitute violation of the statute prohibiting possession of a firearm with an altered manufacturer's number. Order of the superior court reversed, case remanded.

  • Commonwealth v. Mock

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1412

    Because the enhanced DUI sentencing statute defined a prior offense as a conviction or alternative disposition of a prior DUI charge, appellant's current DUI offense was correctly calculated to be a second offense subjecting him to enhanced grading and penalties. Order of the superior court affirmed.

  • Chevalier v. General Nutrition Ctrs., Inc.

    Publication Date: 2019-12-09
    Practice Area: Employment Litigation
    Industry: Retail
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1410

    The superior court did not err in rejecting the defendant employer's use of the fluctuating work week method for calculating overtime compensation for plaintiffs, managers who earned a weekly salary, and finding that employer's method did not satisfy the requirements of the Pennsylvania Minimum Wage Act. The high court affirmed.

  • US Airways, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-12-09
    Practice Area: Employment Litigation
    Industry: Aerospace | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1408

    A workers' compensation judge did not err in finding that claimant, a flight attendant who voluntarily used an optional employee parking area, remained in the course of her employment while traveling between that area and her typical workspace, as the parking lot was integral to her employer's business operations. The high court affirmed.

  • Assouline v. Reynolds

    Publication Date: 2019-12-09
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1407

    Where plaintiff purchased a residential property at a sheriff's sale after the defendant owners failed to pay real estate taxes, the superior court erred in finding that a magisterial district judge had jurisdiction over plaintiff's action seeking possession of the property and overdue "rent" as there was no landlord-tenant relationship between these parties. The high court reversed and remanded.

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  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2019-12-09
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1417

    Grand jury investigation target's disclosure of mental health treatment records to his employer, when treatment was obtained at the employer's behest, could not be construed as an implied or general release that would allow the grand jury to include information from the records in a public report. Order of the supervising judge reversed.

  • Commonwealth v. Davis

    Publication Date: 2019-12-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1411

    Password to criminal defendant's computer was protected by Fifth Amendment privilege against self-incrimination, which could not be defeated by the foregone conclusion exception. Order of the superior court reversed and remanded.

  • Sutton v. Bickell

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1423

    Commonwealth court correctly dismissed inmate's petition asserting due process and tort claims over DOC policy prohibiting inmates from possessing certain brands of boots after a guard was killed by being kicked by such boots and court found inmate's procedural and substantive due process claims failed, burden was not on the DOC to prove the validity of challenged prison regulation but on inmate to disprove it and sovereign immunity protected DOC from inmate's tort claims. Affirmed.

  • Commonwealth v. Olson

    Publication Date: 2019-11-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1379

    DUI offender was not entitled to post-conviction relief from sentencing enhancement for refusal to submit to a warrantless blood test where Birchfield was decided after offender's sentence became final and Birchfield did not announce a substantive rule that could retroactively apply on collateral review. Order of the superior court affirmed.

  • Grove v. Port Auth. of Allegheny County

    Publication Date: 2019-11-25
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1381

    Where there was no evidence that negligence per se instruction would have affected the jury's decision, the trial court's omission of the instruction was harmless error where the jury found the plaintiff partially negligent. Order of the commonwealth court reversed, case remanded.