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  • Gorsline v. Bd. of Supervisors of Fairfield Twp.

    Publication Date: 2018-06-19
    Practice Area: Administrative Law | Evidence | Land Use and Planning
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0713

    Zoning board erred in approving conditional use where applicant failed to present evidence and board failed to make factual findings that proposed used was similar to expressly permitted use within zoning district. Order of the commonwealth court reversed.

  • Commonwealth v. Walker

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0711

    Moving forward, Rule 341 would require quashal of a single notice of appeal taken from a single order resolving issues on more than one docket. Order of the superior court reversed, case remanded.

  • Marcellus Shale Coalition v. Commonwealth, Dept. of Environmental Protection

    Publication Date: 2018-06-19
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0700

    The trial court properly found in part that petitioner, the Marcellus Shale Coalition, raised a significant legal question regarding the implementation of new regulations governing fracking operations and demonstrated irreparable harm due to the cost of compliance that outweighed any harm in refusing to grant a narrowly-tailored injunction. The high court affirmed in part and reversed in part an order granting petitioner injunctive relief.

  • Commonwealth v. Brown

    Publication Date: 2018-06-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0697

    Autopsy report was inadmissible in absence of author's live testimony, but another expert's opinion admissible where independently arrived from facts contained in report. Judgment of sentence affirmed.

  • In the Matter of Private Sale of Prop. by the Millcreek Twp. Sch. Dist.

    Publication Date: 2018-06-19
    Practice Area: Education Law
    Industry: Education | Real Estate
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0714

    Courts lacked statutory authority to direct the manner of sale of school district property and was merely limited to approving or disapproving private sale. Order of the commonwealth court reversed.

  • Law Journal Press | Digital Book

    Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

    Authors: James C. Freund

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  • Commonwealth v. Smith

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0709

    Deadly weapon sentencing enhancement for motor vehicle aggravated assault conviction was inapplicable where defendant lacked specific intent to strike or threaten victim with vehicle but instead was merely criminally recklessly operating the vehicle for ordinary purposes. Order of the superior court affirmed.

  • Commonwealth v. Leed

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0708

    Search warrant was valid where common sense reading of supporting affidavit of probable cause led to conclusion that facially stale information was in fact a typographical or other error. Judgment of sentence affirmed.

  • Commonwealth v. Staton

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0687

    Second PCRA petition dismissed as untimely where PCRA court could consider amended pro se petition after defendant forfeited right to PCRA counsel, thereby obviating claim of governmental interference. Order of the PCRA court affirmed.

  • Bundy v. Wetzel et al

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0601

    Plaintiff, a prison inmate subject to Act 84 deductions from his prison account to satisfy financial obligations based on criminal convictions, asserted a viable Due Process Clause claim that he was entitled to and deprived of some form of pre-deprivation notice before any funds were taken from his account. The appellate court reversed and remanded.

  • Konyk v. Pa. State Police

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0540

    Commonwealth not contractually-bound to federal plea agreement, with respect to state sex offender registration requirements, under third-party beneficiary or implied contract theories. Order of the commonwealth court affirmed.