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  • Barnard v. Travelers Home & Marine Ins. Co.

    Publication Date: 2019-10-07
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1169

    An insured's increase to the limits of underinsured motorist coverage for multiple vehicles covered under an existing policy constitutes a "purchase" for purposes of §1738(c) of Pennsylvania's Motor Vehicle Financial Responsibility Law, thereby triggering the insurer's statutory obligation to offer the insured the opportunity to waive stacking of the new, aggregate amount of coverage. Certified question answered.

  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2019-10-07
    Practice Area: Landlord Tenant Law
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1167

    Non-breaching lessee not entitled to rescission and return of rent payments following landlord's breach when lessee continued to perform under and accept benefits of lease, including accepting rent from sublessee. Order of the superior court affirmed.

  • Commonwealth v. Turpin

    Publication Date: 2019-10-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1174

    Roommate not named in search warrant for entire residence could have private bedroom subjected to search under warrant, despite expectation of privacy, so long as police reasonably believed items to be seized would be found in bedroom. Order of the superior court affirmed.

  • City of Philadelphia v. Galdo

    Publication Date: 2019-10-07
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1181

    Commonwealth court properly vacated trial court's finding that city was immune to a claim of adverse possession because political subdivisions could be subject to claims of adverse possession when there was no public use and there was no authority to support city's argument that holding condemned property formerly devoted to a public use for resale constituted a public use. Affirmed.

  • Berner v. Montour Twp. Zoning Hearing Bd.

    Publication Date: 2019-10-07
    Practice Area: Land Use and Planning
    Industry: Agriculture | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1168

    The Nutrient Management Act preempts local regulation of agricultural operations not subject to the Act's requirements to the extent that local regulations are more stringent than, inconsistent with or in conflict with those requirements and the commonwealth court erred in reaching a contrary result. The high court reversed.

  • Law Journal Press | Digital Book

    New Jersey Estate & Trust Litigation 2024

    Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler

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  • Commonwealth v. Petrick

    Publication Date: 2019-10-07
    Practice Area: Bankruptcy | Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1176

    Restitution orders could not be discharged in bankruptcy since they served criminal justice goals and were therefore exempt from discharge under the code. Order of the superior court affirmed.

  • Shiflett v. Lehigh Valley Health Network, Inc.

    Publication Date: 2019-10-07
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1182

    Superior court erred in ordering retrial on damages based on trial court's erroneously allowing a time barred claim in a personal injury action because the general verdict rule applied and there was a legally supportable finding of liability to support the damages award. Reversed.

  • Commonwealth v. Ford

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1172

    The intermediate appellate court correctly held that §9726(c) of Pennsylvania's Sentencing Code requires record evidence of a defendant's ability to pay a fine imposed as part of his sentence, even where the defendant agrees to the amount of the fine in a negotiated guilty agreement. Affirmed in part and reversed in part.

  • Commonwealth v. Maguire

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1059

    Statutorily-authorized commercial vehicle inspection checkpoints were not subject to the Tarbert/Blouse guidelines, which applied only to checkpoints to which all drivers were subject. Order of the superior court affirmed.

  • In re Petition for Enforcement of Subpoenas

    Publication Date: 2019-09-09
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1062

    Commonwealth court erred in enforcing psychiatrist's petition to enforce subpoenas for former patient's testimony and for patient's medical records from previous and subsequent treatment providers because commonwealth court had neither original nor appellate jurisdiction over private party's efforts to enforce a subpoena against other private parties and commonwealth was not a party to the action. Vacated.