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Publication Date: 2024-03-08
Practice Area: Contractual Disputes
Industry: Consulting | E-Commerce | Recruitment and Staffing
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 74 MAP 2022
Superior court erred in denying attorney fees in appellant's action over a non-compete agreement and erred insofar as it imposed an absolute bar on the award of damages after the non-compete period expired but appellant did not establish at trial that it suffered lost-profit damages extending beyond the non-compete period. Reversed in part and affirmed in part.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 18 MAP 2023
Commonwealth court properly found college's project fell outside the purview of the Prevailing Wage Act and it was not "paid for in whole or in part out of the funds of a public body" by virtue of authority's role in providing conduit financing for the project under the circumstances in this case. Affirmed.
Publication Date: 2024-03-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 65 MAP 2022
Court vacated commonwealth court's order dismissing appellant's petition and its motion for summary relief in its action seeking to have its elders covered by the clergyman privilege as to mandatory reporting of child sex abuse, because commonwealth court's determinations that appellant did not have standing and that a grant of declaratory relief would not terminate the controversy violated the coordinate jurisdiction rule. Reversed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 77 MAP 2022
Superior court's conclusion that the "regular use" exclusion in an automobile insurance policy violated the language of the Motor Vehicle Financial Responsibility Law was erroneous because court was bound by the decisions in Burstein v. Prudential Property & Cas. Ins. Co., 809 A.2d 204, and Williams v. GEICO Gov't Emps. Ins. Co., 32 A.3d 1195, that the "regular use" exclusion was a permissible limitation of UIM coverage under the MVFRL. Reversed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Todd
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Case Number: 71 MAP 2021
Insurance rehabilitator possessed broad statutory authority to propose and implement plan for the rehabilitation of a financially-distressed insurer, including when that plan would affect policies issued in other states. Order of the commonwealth court affirmed.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 40 MAP 2022
The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Sullivan
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Case Number: 1049 WDA 2022
Court dismissed appeal from denial of post-sentence motion asserting claims of ineffective assistance of counsel where defendant's claims met neither exception to the rule deferring such claims to Post Conviction Relief Act review. Appeal dismissed.
Publication Date: 2024-02-09
Practice Area: Constitutional Law
Industry: Federal Government | Health Care
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 26 MAP 2021
Court overruled precedent upholding constitutionality of Coverage Exclusion in the Abortion Control Act since the exclusion created a discriminatory distinction between the sexes and thus was presumptively unconstitutional under the Equal Rights Amendment. Orders of the commonwealth court reversed, case remanded.
Publication Date: 2024-02-09
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 8 WAP 2023
Appellants appealed the trial court's denial of their motion to dismiss appellee's complaint to establish paternity. The court reversed and remanded, holding that a marital couple's separation prior to the filing of a paternity action does not, per se, preclude application of the presumption of paternity.
Publication Date: 2024-02-09
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 12 MAP 2023
Modifications to financial recovery plan under Act 47 that removed city councilpersons as administrative department heads did not violate the Act's prohibition on changing the form of government. Order of the commonwealth court affirmed.
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