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  • 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.

  • The Bert Co. v. Turk

    Publication Date: 2023-08-07
    Practice Area: Business Torts
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13 WAP 2022

    Trial court could use a per-defendant approach to calculating the compensatory-to-punitive damages ratio to assess the constitutionality of a punitive damages award, even though the trial court imposed a joint and several compensatory damages award on defendants. Order of the superior court affirmed.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • In the Interest of: K.T.

    Publication Date: 2023-07-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 37 WAP 2022

    Trial courts were to consider child's need for permanency and stability equally and should also consider intangibles such as the parent-child bond, including whether the bond was necessary and beneficial for a child and whether its severance would cause extreme, irreparable harm to a child. Order of the superior court vacated, case remanded.

  • Commonwealth v. Rivera

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22 MAP 2022

    Eliciting testimony regarding defendant's post-arrest silence usually constituted prejudicial error warranting a new trial since defendants could not be penalized for exercising constitutional right to silence. Order of the superior court vacated in part, case remanded for new trial.

  • Alpini v. Workers' Comp. Appeal Bd.

    Publication Date: 2023-06-12
    Practice Area: Labor Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 MAP 2022

    Claimant appealed an order of the Commonwealth Court affirming a Workers' Compensation Appeal Board decision that authorized an employer to subrogate its payment of Heart and Lung Act benefits against a claimant's third-party settlement with Dram Shop Act defendants. The court reversed.

  • Commonwealth v. Koger

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 WAP 2022

    Sentencing court was not required to expressly impose specific conditions of parole for a defendant to be found in violation of parole after violating conditions were explained to the defendant by the county parole officer. Order of the superior court reversed in part, case remanded.

  • Commonwealth v. Armolt

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 MAP 2021

    Adult criminal court could exercise jurisdiction over individual 21 or older for crimes they committed as a juvenile, since it would be the only court that could try such individuals. Judgment of sentence affirmed.