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  • Commonwealth v. Monarch

    Publication Date: 2019-02-05
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0119

    The intermediate appellate court erred in concluding that defendant's enhanced sentence for driving while intoxicated was not unconstitutional where he not only refused to submit to blood testing, but also refused to submit to breath testing. The high court vacated defendant's judgment of sentence.

  • Commonwealth v. Norton

    Publication Date: 2019-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0127

    Trial court properly exercised discretion to deny presentence motion to withdraw plea of nolo contendere when it concluded, based on the facts of the case, that defendant was making a bare assertion of innocence. Order of the superior court affirmed.

  • Commonwealth v. Adams

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0120

    Pursuant to the fugitive forfeiture rule as applied in Commonwealth v. Deemer, the appellate court correctly affirmed defendant's judgment of sentence after the trial court found that he forfeited his appellate rights due to his fugitive status, even where counsel filed a timely notice of appeal on his behalf. The high court affirmed defendant's judgment of sentence.

  • Snyder Bros. Inc. v. PUC

    Publication Date: 2019-01-15
    Practice Area: Energy and Natural Resources | Fee Disputes
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0001

    The commonwealth court erred in its interpretation of "vertical gas well" under act 13 and the court held that an unconventional well was a vertical gas well subject to assessment of an impact fee whenever that well's production exceeded 90,000 cubic feet per day in at least one calendar month of the year. Reversed.

  • In the Interest of L.J.B., a minor

    Publication Date: 2019-01-15
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0002

    Because the Child Protective Services Law's definition of "child" did not include a fetus or unborn child, a pregnant woman's drug abuse causing injury to the child upon birth did not render her a "perpetrator" of child abuse because there was no "child" at the time of mother's alleged acts of abuse. Order of the superior court reversed.

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  • Commonwealth v. Rivera

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0020

    Appellant did not receive ineffective assistance of penalty phase counsel where additional evidence in support of mental health and life history mitigator was cumulative of evidence provided to experts during penalty phase or was favorable to the commonwealth. Order of the PCRA court affirmed.

  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1532

    Redaction of information from grand jury report that tended to impair reputational rights of individuals named in report but not criminally charged was best available due process remedy, where re-empaneling grand jury and/or directing supervising judge to review new exculpatory and rebuttal evidence was not statutorily authorized. Order of the court affirmed.

  • The Hartford Ins. Group v. Kamara

    Publication Date: 2018-12-04
    Practice Area: Employment Litigation | Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1454

    Superior court erred in vacating the trial court's order dismissing workers' compensation insurer's complaint brought against the alleged third-party tortfeasor "on behalf of " claimant because insurer had no authority, statutory or otherwise, to pursue claimant's cause of action without claimant's voluntary participation as a party plaintiff or the contractual assignment of her claim. Vacated.

  • Commonwealth v. Williams

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1438

    PCRA petition raising claims of trial error was properly dismissed as waived or previously litigated, where appellant's claim that standby direct appeal counsel usurped or unduly interfered with appellant's self-representation on appeal was unsupported by record evidence showing appellant acquiesced to counsel's assistance. Order of the PCRA court affirmed.

  • Stapas v. Giant Eagle, Inc.

    Publication Date: 2018-12-04
    Practice Area: Civil Appeals | Damages
    Industry: Retail
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1451

    Superior court erred in granting defendant a new trial on damages in plaintiff's negligence action because defendant's challenge was not grounded in the weight of the evidence but was a challenge to the jury verdict, which defendant waived by failing to object before the trial court dismissed the jury. Reversed.