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Publication Date: 2024-08-02
Practice Area: Administrative Law
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 20 MM 2023
Unsuccessful category 4 slot machine license bidder challenged board's grant of the license and court found 4 Pa.C.S. §1305.2(c) was a jurisdictional provision, satisfaction of which had to be met before board could consider an application submitted by the auction winner but that section only defined board's conduct in connection with Category 4 slot machine license auctions, not its competency to preside over auction, application and licensing proceedings. Affirmed.
Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 75 MAP 2022
Commonwealth Court did not err in allowing mandamus damages in appellees' actions against the liquor control board for failing to perform its duty to implement direct shipment of orders to customers because PLCB was a "person" subject to mandamus damages under 42 Pa. C.S. §8303 and sovereign immunity did not bar mandamus damages sought pursuant to that provision. Affirmed.
Publication Date: 2024-05-10
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 1 WAP 2023
Making only one attempt to serve process after filing a complaint and waiting eight months to effect service, after the limitations period would have expired, did not constitute good faith diligence at timely serving process. Order of the superior court reversed.
Publication Date: 2024-05-10
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 103 MAP 2022
In a case arising from the death of a youth from an overdose of illegal drugs in the home of appellants, the court reversed a ruling of the Superior Court that emotional distress damages were covered under an insurance policy providing liability coverage for bodily injury when the policy excluded emotional distress from its definition of bodily injury.
Publication Date: 2024-04-05
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 8 EAP 2023
Juveniles adjudicated delinquent and ordered to out-of-home placement could seek expedited review of their placement as of right, with the superior court not having the discretion to deny review. Order of the superior court reversed.
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Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
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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: 2024-02-09
Practice Area: Constitutional Law
Industry: Federal Government | Health Care
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 26 MAP 2021
Court overruled precedent upholding constitutionality of Coverage Exclusion in the Abortion Control Act since the exclusion created a discriminatory distinction between the sexes and thus was presumptively unconstitutional under the Equal Rights Amendment. Orders of the commonwealth court reversed, case remanded.
Publication Date: 2023-12-18
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 32 WAP 2022
Post Conviction Relief Act petition failed where defendant admitted she would have only accepted a plea offer if she had no chance of acquittal, which precluded her from establishing prejudice from trial counsel's alleged deficient advice. Order of the superior court vacated and remanded.
Publication Date: 2023-09-11
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
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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.
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:
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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.
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