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  • Mitchell v. Shikora

    Publication Date: 2019-07-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0740

    Evidence of risks and complications of surgery was admissible in medical negligence claim to establish the applicable standard of care and show that a physician's conduct complied with the standard. Order of the superior court reversed.

  • Valentino v. Philadelphia Triathlon, LLC

    Publication Date: 2019-07-08
    Practice Area: Wrongful Death
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0741

    Superior court correctly held that wrongful death claim brought by the heir of a decedent who died participating in a triathlon failed because decedent's express assumption, of the risks inherent in the event, eliminated appellee triathlon organizer's duty of care and made its conduct non-tortious as a matter of law. Affirmed.

  • In re: Estate of Easterday

    Publication Date: 2019-07-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0771

    Divorcing spouse was not required to seek benefits from deceased spouse under divorce code where deceased spouse had not filed valid affidavit of consent and therefore grounds for divorce had not yet been established. Order of the superior court affirmed.

  • BouSamra v. Excela Health

    Publication Date: 2019-07-01
    Practice Area: Civil Procedure
    Industry: Health Care | Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0739

    The high court concluded that remand was necessary for application of a newly articulated work product waiver analysis providing that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner that significantly increases the likelihood that an adversary/anticipated adversary will obtain such disclosure. The high court affirmed in part, reversed in part and remanded.

  • Commonwealth v. Shaffer

    Publication Date: 2019-07-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0757

    Motion to suppress properly denied where child pornography discovered on computer during technician's repair constituted private search. Order of the superior court affirmed.

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  • Commonwealth v. Santiago

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0756

    Police officer's out-of-court identification of defendant was tainted by illegal search of defendant's cell phone, but officer could make admissible in-court identification of defendant based on officer's personal observation of defendant during valid initial traffic stop. Order of the superior court affirmed.

  • Commonwealth v. UPMC

    Publication Date: 2019-06-24
    Practice Area: Contracts
    Industry: Health Care | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0662

    The commonwealth court erred in sustaining defendant's demurrer to the attorney general's request to extend indefinitely consent decrees governing the relationship between the two rival health care providers where the modification provision the AG relied upon was ambiguous, necessitating a remand for evidentiary development of the parties' intent. The high court reversed and remanded.

  • Hiko Energy, LLC v. Pennsylvania Pub. Utility Comm'n

    Publication Date: 2019-06-24
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0719

    A $1.8 million penalty imposed upon electricity supplier was affirmed where supplier waived constitutional challenge by failing to timely raise the issue and where intentional overcharging of customers provided substantial evidence to support size of penalty.

  • Working Families Party v. Commonwealth

    Publication Date: 2019-06-24
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0724

    Commonwealth court properly found that challenged anti-fusion provisions of the election code did not violate the equal protection clause of the United States constitution or Art. 1, §§5, 7, and 20 of the Pennsylvania constitution. Affirmed.

  • Commonwealth v. Le

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0700

    Conviction for murder and death sentence affirmed where testimony sufficient to find defendant acted as conspirator and/or accomplice in the murder. Conviction and judgment of sentence affirmed.