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Publication Date: 2023-04-03
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 2842 DD3
Hearing committee properly found that attorney's subpoena for hearing recording under Pa.R.D.E. 521(c) was invalid because that rule was only valid for summoning witnesses to testify at the hearing. Affirmed.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 5 EAP 2022
Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 792 CAP
Trial counsel was not ineffective for failing to call expert witnesses or develop and present evidence in support of the defense, where trial counsel had made a strategic choice not to present the identified witnesses and evidence to minimize the gruesome nature of the crime to help defendant avoid the death penalty, given the overwhelming evidence of his guilt. Order of the PCRA court affirmed.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 93 MAP 2021
Jamal Wallace appealed the superior court's order affirming appellant's judgment of sentence for aggravated assault, criminal conspiracy, and carrying a firearm without a license. Appellant's conviction arose from the shooting of Kamaal Dutton. As part of the investigation, police discovered that several businesses near the location of the shooting had exterior surveillance cameras. Investigators recovered surveillance footage that depicted two adults later identified as appellant and Mason Clary in the area in the hours leading up to
Publication Date: 2023-03-13
Practice Area: Environmental Law
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 73 MAP 2021
The Environmental Hearing Board erred in concluding that no private party to an appeal under the Clean Streams Law may be compelled to reimburse another party for attorneys' fees and costs unless it has pursued or defended the appeal in bad faith or for an improper purpose. The court vacated the Commonwealth Court's contrary rulings in consolidated cases and remanded for further Board proceedings.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2023-03-13
Practice Area: Tax
Industry: Legal Services | Manufacturing | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 11 MAP 2021
Court found the office of attorney general was permitted to take a position inconsistent with that of the department of revenue regarding the meaning of 72 P.S. §7401(3)2.(a)(17), that department's interpretation of subparagraph 17 to require the use of the benefit-received method was correct and plaintiff was due a refund of its 2011 corporate net income tax. Affirmed.
Publication Date: 2023-03-13
Practice Area: Tax
Industry: Retail | State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 67 MAP 2021
Discount or coupon could establish new purchase price for sales tax only if the excluded part of the price was specifically identified and the item and coupon to which it applied was also specifically described on the invoice or receipt. Order of the commonwealth court reversed, petition dismissed.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 89 MAP 2021
Lower courts correctly distinguished Gallagher v. GEICO Indem. Co., 201 A.3d 131, and correctly enforced the household vehicle exclusion in appellant's wife's policy when he sought UM/UIM coverage for his motorcycle accident where his motorcycle insurance policy had no UM/UIM coverage and court rejected the view that household vehicle exclusions were ipso fact unenforceable. Affirmed.
Publication Date: 2023-02-27
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 102 MM 2022
Election code required absentee/mail-in ballots to have a valid date on the return envelope, and the failure to have the date rendered the ballot invalid as a matter of law. Petitioners' request for relief granted in part.
Publication Date: 2023-02-06
Practice Area: Business Torts
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 72 MAP 2021
Court expressly adopted aiding and abetting fraud as a cause of action, which required proving that a defendant had actual knowledge of an underlying fraud and actively provided assistance or encouragement. Order of the superior court affirmed in part and reversed in part.
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