• PPL Elec. Util. Corp. v. City of Lancaster

    Publication Date: 2019-09-02
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1036

    City and appellant utility appealed commonwealth court's ruling, that some of city's ordinances burdening utilities in the city rights-of-way were preempted by the public utility code but an ordinance imposing an annual fee was not preempted, and court found all of the ordinances including the one imposing an annual fee were preempted. Affirmed in part and reversed in part.

  • Commonwealth v. Thomas

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1025

    First-degree murder conviction and death sentence affirmed where trial court properly assessed competency of physically- and intellectually-disabled witness to testify at trial and where any errors by the trial court were harmless in light of overwhelming amount of competent evidence of defendant's guilt. Judgment of sentence affirmed.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2019-09-02
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1008

    Superior court properly found that an unlisted resident driver exclusion in vehicle owner's insurance policy was not contrary to public policy and was valid and enforceable because 75 Pa.C.S. §1786 did not require an insurer to provide coverage beyond what the insurance policy provided and the URDE was not contrary to public policy. Affirmed.

  • Feleccia v. Lackawanna Coll.

    Publication Date: 2019-09-02
    Practice Area: Personal Injury
    Industry: Education | Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1027

    Athletic activity waiver did not immunize school that had undertaken duty to provide athletic trainers and where liable party could not seek waiver of gross negligence or reckless conduct. Order of the superior court affirmed in part and reversed in part, case remanded.

  • Commonwealth v. Foster

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1009

    The trial court erred in finding that defendant violated his probation by posting certain photographs of guns, drugs and cash on social media since the court was required to find that defendant violated a specific condition of probation or committed a new crime to be found in violation under 42 Pa.C.S. §9771. The high court reversed and remanded.

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  • Navarro v. Pennsylvania State Police

    Publication Date: 2019-08-05
    Practice Area: Regulation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0910

    PSP was required to establish the interstate or foreign commerce element in 18 U.S.C. §922(g) to establish that a firearm owner was disqualified from the return of his or her firearm pursuant that federal statute. Order of the commonwealth court affirmed.

  • In re Appeal of the Bd. of Comm'rs of Cheltenham Twp.

    Publication Date: 2019-08-05
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0916

    Commonwealth court correctly held that the 2008 zoning ordinance governed developer's 2015 zoning application because the protection of pending land development plans in 53 P.S. §10508(4)(i) extended to decisions on requested zoning relief needed for purposes of land development plan approval. Affirmed.

  • Commonwealth v. Bell

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0904

    Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.

  • Menkowitz v. Peerless Publ'ns, Inc.

    Publication Date: 2019-08-05
    Practice Area: Litigation
    Industry: Health Care | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0903

    The intermediate appellate court erred in reversing a trial court order denying defendants in this defamation lawsuit judgment notwithstanding the verdict as the court did not review the record in the light most favorable to plaintiff, as verdict winner. The high court reversed and remanded.

  • Gen. Motors, LLC v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2019-08-05
    Practice Area: Contracts
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0907

    Board of Vehicles Act did not give dealers a statutory right to participate in manufacturer's contractual labor reimbursement schedule when dealers elected to use their statutory part reimbursement rights over contractual provision upon which the contractual labor reimbursement schedule was conditioned. Order of the commonwealth court affirmed in part and reversed in part.