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  • Commonwealth v. Britton

    Publication Date: 2020-05-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0450

    The lower courts correctly determined that California law enforcement officers were not acting as agents of the Pennsylvania State Police when they interviewed defendant in her California home, as Pennsylvania authorities did not exercise any control over the manner in which the California detectives conducted the interview. The high court affirmed.

  • In re: Grand Jury Investigation No. 18

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0103

    Grand jury's report was improperly publicly released where it did not make legislative, executive, or administrative recommendations in the public interest but instead merely focused on the alleged unchargeable crimes of a single person and the relief that could be provided to the victims of those alleged crimes. Order of the supervising judge vacated and remanded.

  • Chevalier v. General Nutrition Ctrs., Inc.

    Publication Date: 2019-12-09
    Practice Area: Employment Litigation
    Industry: Retail
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1410

    The superior court did not err in rejecting the defendant employer's use of the fluctuating work week method for calculating overtime compensation for plaintiffs, managers who earned a weekly salary, and finding that employer's method did not satisfy the requirements of the Pennsylvania Minimum Wage Act. The high court affirmed.

  • City of Philadelphia v. Galdo

    Publication Date: 2019-10-07
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1181

    Commonwealth court properly vacated trial court's finding that city was immune to a claim of adverse possession because political subdivisions could be subject to claims of adverse possession when there was no public use and there was no authority to support city's argument that holding condemned property formerly devoted to a public use for resale constituted a public use. Affirmed.

  • Berner v. Montour Twp. Zoning Hearing Bd.

    Publication Date: 2019-10-07
    Practice Area: Land Use and Planning
    Industry: Agriculture | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1168

    The Nutrient Management Act preempts local regulation of agricultural operations not subject to the Act's requirements to the extent that local regulations are more stringent than, inconsistent with or in conflict with those requirements and the commonwealth court erred in reaching a contrary result. The high court reversed.

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  • Commonwealth v. Maguire

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1059

    Statutorily-authorized commercial vehicle inspection checkpoints were not subject to the Tarbert/Blouse guidelines, which applied only to checkpoints to which all drivers were subject. Order of the superior court affirmed.

  • In re Appeal of the Bd. of Comm'rs of Cheltenham Twp.

    Publication Date: 2019-08-05
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0916

    Commonwealth court correctly held that the 2008 zoning ordinance governed developer's 2015 zoning application because the protection of pending land development plans in 53 P.S. §10508(4)(i) extended to decisions on requested zoning relief needed for purposes of land development plan approval. Affirmed.

  • Commonwealth v. King

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0901

    The lower court addressing defendant's petition for relief under the Post Conviction Relief Act did not abuse its discretion by prohibiting the commonwealth from privately interviewing defendant's trial counsel, who refused to communicate with PCRA counsel, before an evidentiary hearing on defendant's ineffectiveness claim. The high court affirmed.

  • Valentino v. Philadelphia Triathlon, LLC

    Publication Date: 2019-07-08
    Practice Area: Wrongful Death
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0741

    Superior court correctly held that wrongful death claim brought by the heir of a decedent who died participating in a triathlon failed because decedent's express assumption, of the risks inherent in the event, eliminated appellee triathlon organizer's duty of care and made its conduct non-tortious as a matter of law. Affirmed.

  • Commonwealth v. Shaffer

    Publication Date: 2019-07-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0757

    Motion to suppress properly denied where child pornography discovered on computer during technician's repair constituted private search. Order of the superior court affirmed.