• Weeks v. Dep't of Human Serv.

    Publication Date: 2023-10-16
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 EAP 2021

    Act 12 of 2019 did not violate the legislative enactment requirements under Article III of the Pennsylvania Constitution where the bill's provisions were related to the single subject of benefits for low-income individuals and the bill's initial purpose of eliminating the commonwealth's cash assistance program in favor of health-related benefits. Order of the commonwealth court affirmed.

  • Commonwealth v. McGee

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17 WAP 2022

    Appellant appealed the Superior Court's holding that a trial court lacked jurisdiction to correct a patent and obvious error in a sentencing order where the defendant's request for correction fell outside the time limits of the Post Conviction Relief Act. The court held that it was unnecessary to reach that issue where there was no patent and obvious sentencing error in the first instance.

  • Klar v. Dairy Farmers of Am., Inc.

    Publication Date: 2023-09-11
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 29 WAP 2022

    Lower courts properly held that company's act of purchasing and providing beer for company golf outing was insufficient to trigger civil liability for injuries caused by its intoxicated guest and Dram Shop Act was inapplicable as was common law negligence. Affirmed.

  • In re Koepfinger, an Individual

    Publication Date: 2023-09-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20 WAP 2022

    Superior court erred in reversing orphans' court's finding a trust was void because the power of attorney under which the trust was created was void ab initio because it was not executed as prescribed by subsection 5601(b)(3) of the probate, estates and fiduciaries code and court held the POA was legally non-existent and the trust a legal nullity. Judgment vacated.

  • Pennsylvania State Police v. Am. Civil Liberties Union of Pennsylvania

    Publication Date: 2023-09-11
    Practice Area: Public Records
    Industry: Legal Services | Non-Profit | State and Local Government
    Court: Supreme Court, Wecht
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 44 MAP 2022

    Commonwealth court abused its discretion to remand Right-to-Know Law case for further factfinding where neither party requested to supplement the record and the commonwealth court had not identified any outstanding question or fact or law. Order of the commonwealth court vacated.

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Bindas v. Commonwealth

    Publication Date: 2023-09-11
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 27 WAP 2022

    Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.

  • Commonwealth v. Towles

    Publication Date: 2023-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 796 CAP

    Defendant appealed the Post Conviction Relief Act court's order dismissing his second petition for post conviction relief as untimely filed and, alternatively, as lacking merit. The court affirmed.

  • In re: Adoption of: M.E.L.

    Publication Date: 2023-08-14
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 109 MAP 2022

    Child's biological father challenged termination of his parental rights where child's mother failed to demonstrate "cause shown" to excuse the requirement that she relinquish her parental rights prior to the child's adoption by her long-term partner. The court remanded for further proceedings after addressing the analytical framework governing a party's demonstration of cause to permit an adoption by a parent's long-term partner who is not the parent's spouse.

  • McLaughlin v. Nahata

    Publication Date: 2023-08-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7 WAP 2022

    Lower courts found hospital could seek indemnity and contributions from clinic as the doctors' actual employer but court found if hospital and clinic were determined to be vicariously liable for the negligence of the doctors via principles of ostensible agency under the Medical Care Availability and Reduction of Error Act and respondeat superior, hospital could obtain contribution but not indemnity from clinic because law did not permit a party that was vicariously liable in tort to obtain indemnity from another party that was vicario

  • Mimi Investors, LLC v. Tufano

    Publication Date: 2023-08-14
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 57 MAP 2022

    Plain text of Section 401 of Pennsylvania Securities Act contained no language indicating that legislature intended to impose scienter requirement for civil liability, although other provisions of the act allowed defendants to assert lack of knowledge of falsity as an affirmative defense. Order of the superior court affirmed.