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  • Dittman v. UPMC

    Publication Date: 2018-12-04
    Practice Area: Big Data | Labor Law
    Industry: Health Care | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1441

    Employees could pursue negligence claim asserting purely economic damages arising from employer's failure to secure computer systems containing employees' personal and financial information subsequently stolen by a hacker. Order of the superior court reversed.

  • Commonwealth v. Ortiz

    Publication Date: 2018-12-04
    Practice Area: Criminal Appeals | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1430

    The intermediate court did not err in overturning defendant's conviction for kidnapping of a minor under §2901(a.1)(2) of the Crimes Code since the crime of interference with custody of children committed by a biological parent cannot serve as a predicate felony to support such a conviction. The high court affirmed the appellate court's ruling.

  • Commonwealth v. Brown

    Publication Date: 2018-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1328

    Commonwealth's confession of error on an allegation of ineffective assistance of penalty phase counsel could not obviate court's obligation to conduct judicial review of defendant's claim and defendant's obligation to prove merits of claim. Order of the PCRA court affirmed.

  • City of Philadelphia Fire Dept. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-11-06
    Practice Area: Administrative Law | Employment Litigation | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1319

    In an opinion announcing the judgment of the court, the high court held that §108(r) of the Workers' Compensation Act, which deals specifically with firefighters, only requires a claimant to establish a general causative link between the type of cancer suffered and a Group 1 carcinogen and that where a claimant has established entitlement to the evidentiary presumption of compensability under §301(f) of the Act, epidemiological evidence is not sufficient to rebut the presumption. The high court reversed and remanded for further procee

  • Downs Racing, LP v. Commonwealth

    Publication Date: 2018-11-06
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1336

    Commonwealth court properly found that appellant owed sales and use taxes on payments to video company that provided screens, satellite dishes and closed-circuit television feeds for live displays to appellant's off-track wagering facilities because the record did not support appellant's argument it only purchased a nontaxable service but commonwealth court did err in denying a refund for sales and use taxes paid on royalty payments because the royalty fees did not involve the transfer of tangible personal property. Affirmed in part a

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Bucks Co. Serv., Inc. v. Philadelphia Parking Auth. et al

    Publication Date: 2018-10-30
    Practice Area: Legislation | Regulation
    Industry: State and Local Government | Transportation
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1289

    The trial court erred in holding that the jurisdictional agreement between the Pennsylvania Public Utility Commission and the Philadelphia Parking Authority violated the plaintiff taxicab operator's substantive due process rights but correctly applied the Tire Jockey test to hold that certain challenged regulations governing plaintiffs were unreasonable. The high court reversed in part and affirmed in part.

  • Nicolaou v. Martin

    Publication Date: 2018-10-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1301

    Superior court erred by concluding as a matter of law that the statute of limitations was not tolled in plaintiff's medical malpractice action and finding she should have known by 2009 that she suffered from Lyme disease and that her health problems could have been caused by defendants' failure to diagnose and treat the condition because it was the province of the jury to determine if the discovery rule tolled the statute of limitations.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

  • Dolan v. Hurd Millwork Co., Inc. et al

    Publication Date: 2018-10-30
    Practice Area: Civil Appeals | Deals and Transactions | Judges
    Industry: Construction | Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1290

    Where the trial court's Pa.R.A.P. 1925(b) opinion is deemed inadequate and the trial judge is unavailable to provide a supplemental opinion, the appellate court should review the legal issues raised in appellant's rule 1925(b) statement of errors complained of on appeal. The high court reversed and remanded.

  • In the Interest of A.A.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1299

    Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.