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Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry: Construction
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 15 EAP 2023
Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.
Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Brobson
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for defendant:
Case Number: 7 EAP 2022
Although an at-will employee could assert a tortious interference with business relations claim against third party, a supervisor acting within the scope of their employment did not qualify as a third party. Judgment of the superior court affirmed.
Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 4 MAP 2023
Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.
Publication Date: 2024-03-08
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 68 MAP 2022
Although zoning ordinance restricting discharge of firearms implicated right to bear arms, such regulations were consistent with the historical tradition of restricting the discharge of firearms and the location of designated shooting ranges. Order of the commonwealth court reversed and remanded.
Publication Date: 2024-03-08
Practice Area: Contractual Disputes
Industry: Consulting | E-Commerce | Recruitment and Staffing
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 74 MAP 2022
Superior court erred in denying attorney fees in appellant's action over a non-compete agreement and erred insofar as it imposed an absolute bar on the award of damages after the non-compete period expired but appellant did not establish at trial that it suffered lost-profit damages extending beyond the non-compete period. Reversed in part and affirmed in part.
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Authors: Joseph S. Britton
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Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
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Case Number: 18 MAP 2023
Commonwealth court properly found college's project fell outside the purview of the Prevailing Wage Act and it was not "paid for in whole or in part out of the funds of a public body" by virtue of authority's role in providing conduit financing for the project under the circumstances in this case. Affirmed.
Publication Date: 2024-03-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 65 MAP 2022
Court vacated commonwealth court's order dismissing appellant's petition and its motion for summary relief in its action seeking to have its elders covered by the clergyman privilege as to mandatory reporting of child sex abuse, because commonwealth court's determinations that appellant did not have standing and that a grant of declaratory relief would not terminate the controversy violated the coordinate jurisdiction rule. Reversed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 77 MAP 2022
Superior court's conclusion that the "regular use" exclusion in an automobile insurance policy violated the language of the Motor Vehicle Financial Responsibility Law was erroneous because court was bound by the decisions in Burstein v. Prudential Property & Cas. Ins. Co., 809 A.2d 204, and Williams v. GEICO Gov't Emps. Ins. Co., 32 A.3d 1195, that the "regular use" exclusion was a permissible limitation of UIM coverage under the MVFRL. Reversed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 71 MAP 2021
Insurance rehabilitator possessed broad statutory authority to propose and implement plan for the rehabilitation of a financially-distressed insurer, including when that plan would affect policies issued in other states. Order of the commonwealth court affirmed.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 40 MAP 2022
The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell
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