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  • Commonwealth v. Hlubin

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0697

    Denial of motion to suppress evidence from DUI checkpoint overruled where checkpoint was operated by police outside of primary jurisdiction without a valid Intergovernmental Cooperation Act agreement. Order of the superior court reversed.

  • Schock v. City of Lebanon

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0704

    Only assessed property owners were entitled to lodge objections to the creation of a neighborhood improvement district where language of Neighborhood Improvement District Act indicated that "benefitted properties" were meant to solely include assessed properties. Order of the commonwealth court reversed.

  • Commonwealth v. Hicks

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0690

    The lower court erred in holding that possession of a concealed firearm in public is sufficient to create a reasonable suspicion that the individual may be dangerous such that police can approach and briefly detain the individual in order to stop and frisk, i.e., investigate whether the person is properly licensed, the state high court said in a decision announcing the majority's opinion.

  • Commonwealth v. Towles

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0694

    The state's high court rejected defendant's argument that the death sentence could not be constitutionally imposed upon him because he was just 20 years old when he committed the capital crime at issue. The high court affirmed an order denying defendant's petition for post-trial relief.

  • Justice v. Lombardo

    Publication Date: 2019-06-17
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donahue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0692

    The lower court erred in granting defendant state trooper judgment notwithstanding the verdict in favor of plaintiff as there was sufficient competent evidence upon which the jury could have found that defendant acted outside the scope of his employment during his encounter with the plaintiff motorist, who alleged she was assaulted and battered. The high court reversed and remanded.

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  • EQT Prod. Co. v. Borough of Jefferson Hills

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0702

    Municipality, in reviewing natural gas well conditional use application, could consider testimony from residents of another municipality concerning the effects of a similar natural gas well operated by the same applicant. Order of the commonwealth court vacated, case remanded.

  • Commonwealth v. Griffin

    Publication Date: 2019-05-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0583

    The superior court did not err in affirming separate consecutive second strike mandatory minimum sentences for each conspiracy conviction and underlying crime conviction since under 42 Pa.C.S. §9714, a second-strike offender such as defendant is to receive separate mandatory minimum sentences for a conspiracy conviction and underlying offense conviction when both are listed as "crimes of violence." The high court affirmed defendant's judgment of sentence.

  • Harmon v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0573

    Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.

  • Melmark, Inc. v. Schutt

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0561

    Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.

  • Germantown Cab Co. v. Philadelphia Parking Auth.

    Publication Date: 2019-05-13
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0556

    Equal assessment of regulatory costs of taxicab oversight on medallion and partial rights taxicabs did not constitute deprivation of substantive due process where it furthered legitimate governmental objective of ensuring safety of taxicab industry. Order of the commonwealth court reversed, case remanded.