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Publication Date: 2019-08-05
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0906
Because the Municipalities Planning Code did not expressly establish that zoning officers were required to direct the implementation of policy or could exercise independent discretion to implement policy, a municipality could not withdraw the zoning officer from the collective bargaining unit where it failed to present evidence of actual job duties. Order of the commonwealth court reversed.
Publication Date: 2019-08-05
Practice Area: Government
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0908
Supervising judge of statewide investigating grand jury had authority to issue search warrants in any judicial district relating to an investigation of the grand jury, and any motion for return of property seized pursuant to those warrants had to be presented to the supervising judge. Order of the trial court vacated.
Publication Date: 2019-08-05
Practice Area: Real Estate
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0900
In this case of first impression, the high court concluded that petitioners' proposed new use of their parcel for a seasonal cabin did not meet the requisite "strictest necessity" to justify taking a portion of a neighboring property under the Private Road Act where they had adequate access to their property for the existing use. The high court reversed the commonwealth court's ruling.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0899
The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.
Publication Date: 2019-08-05
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0901
The lower court addressing defendant's petition for relief under the Post Conviction Relief Act did not abuse its discretion by prohibiting the commonwealth from privately interviewing defendant's trial counsel, who refused to communicate with PCRA counsel, before an evidentiary hearing on defendant's ineffectiveness claim. The high court affirmed.
Law Journal Press | Digital Book
Authors: Joshua B. Spector, Paul D. Turner
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Publication Date: 2019-08-05
Practice Area: Tax
Industry: Cargo and Shipping | Transportation
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0912
Commonwealth court erred in finding that money appellant collected and passed on to freight carriers for their fees was not excluded from taxation under the city's business privilege and mercantile tax because the BPT regulation's "freight delivery exclusion" applied. Reversed.
Publication Date: 2019-07-29
Practice Area: Regulation
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0880
Pittsburgh could pass a paid sick days ordinance despite the business exclusion under Home Rule Charter where granting paid sick leave bore a nexus to public health and thus fell within city's police powers under the Disease Prevention and Control Law. Order of the commonwealth court affirmed in part and reversed and remanded in part.
Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0877
Commonwealth court erred in substituting its interpretation of the parties' collective bargaining agreement for that of an arbitrator's interpretation where the essence test under the Public Employees Relations Act required the courts to defer to the arbitrator's findings of fact, which demonstrated that the arbitrator's interpretation was rationally derived from the CBA. Order of the commonwealth court reversed.
Publication Date: 2019-07-29
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0868
Defendant was not entitled to relief on appeal based on his ineffective assistance of counsel claim where he failed to establish by a preponderance of the evidence that there was a reasonable probability that the outcome of the criminal proceedings would have been different had an alibi instruction been given to the jury. The high court denied defendant relief on appeal.
Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0874
The Borough Code and the Tenure Act were to be read in pari materia such that borough police forces would be governed by either statute and membership of an officer in such police force would be governed under the same standards for both statutes. Matter returned.
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