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  • In Re: Estate of Plance

    Publication Date: 2018-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0065

    Individual acting as grantor and grantee never delivered deed where he failed to record and subsequently alienated interests in the property in contravention of the deed. Order of the superior court reversed.

  • In re Trust Under Deed of Kulig

    Publication Date: 2018-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0027

    Superior Court erred in affirming the Orphans Courts decree that under 20 Pa. C.S. §7710.2, decedents inter vivos trust had to be considered part of the pretermitted spousal share because nothing in the text of §7710.2 or the commentary thereto expressed any specific legislative intent to change the pre-2006 framework for providing for pretermitted spouses and the language in §7710.2 was consistent with prior precedent. Reversed.

  • Commonwealth v. Johnson

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0016

    The trial court properly granted defendant a new trial where the commonwealth failed to disclose five police reports which suggested that the commonwealths key witness sought to curry favor with police regarding his own criminal conduct by testifying against defendant. The high court affirmed an order granting defendant a new trial.

  • Skotnicki v. Ins. Dept

    Publication Date: 2018-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0029

    Commonwealth court correctly refused to apply collateral estoppel when appellant argued that consumer services investigative report, issued in response to his appeal of the nonrenewal of his insurance policy, barred insurer from relitigating whether it violated Act 205 in cancelling his insurance because the regulations which implemented Act 205 determined that the matter was not finally adjudicated on its merits until the commissioner entered an order. Affirmed.

  • Commonwealth v. $34,440.00 U.S. Currency

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1914

    Under the presumption set forth at 42 Pa.C.S.§6801(a)(6)(ii) of the Controlled Substances Forfeiture Act, proof of proximity of cash and controlled substances is sufficient to establish the substantial nexus necessary for forfeiture; however, the intermediate court erred in finding that the acts innocent owner defense was claimants only method for rebutting that presumption. The high court affirmed in part and reversed in part

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Commonwealth v. Livingstone

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1845

    The high court concluded that an individual in defendants position, i.e., stopped in a car on the side of the road with a police car pulled up alongside her with emergency lights on, was subjected to an investigatory detention without reasonable suspicion of criminal activity, and that the public servant exception under the community caretaking doctrine did not otherwise justify the warrantless seizure. The court reversed and remanded.

  • Shoul v. Dept of Transportation

    Publication Date: 2017-12-26
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1855

    Trial court erred in holding that 75 Pa. C.S. §1611(e) violated appellees substantive due process rights under the Pennsylvania constitu-tion and correctly found that the revocation of appellees CDL constituted punishment but the case was remanded because the record was insufficiently developed to determine whether §1611(e)s application to appellee was grossly disproportionate to his crime. Reversed in part, vacated in part and remanded.

  • McGrath v. Bureau of Profl and Occupational Affairs

    Publication Date: 2017-12-19
    Practice Area: Administrative Law | Regulation
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1792

    State Board of Nursing retained discretion, upon consideration of regulatory factors, to reinstate a license automatically suspended pursuant to a felony drug conviction, where the 10-year waiting period for felony conviction was intended only to apply to initial issuances or issuances following revocation. Order of the commonwealth court affirmed.

  • Reese v. Pennsylvanians for Union Reform

    Publication Date: 2017-12-19
    Practice Area: Administrative Law | Public Records
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1836

    Commonwealth Court erred in dismissing treasurers claim for injunctive relief in appellees demand for production of a list of employees pursuant to §614 because regulation 7.201 lacked any statutory authority, §614 was silent with respect to the mechanism for public access and thus, the RTKL guided and controlled public access to the list but the constitutional protections for informational privacy required the application of the PSEA balancing test. Order vacated.

  • Dubose v. Quinlan et al

    Publication Date: 2017-12-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1825

    The high court concluded that §513(d) of the Medical Care Availability and Reduction Act established a two-year statute of limitations for medical professional liability cases in the form of wrongful death or survival actions, which period accrues at the time of the decedents death. The court affirmed the intermediate courts judgment.