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Publication Date: 2023-09-11
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
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
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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.
Publication Date: 2023-08-07
Practice Area: Business Torts
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2023-05-15
Practice Area: Administrative Law
Industry: Energy | Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 69 MAP 2021
Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.
Publication Date: 2023-05-15
Practice Area: Administrative Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 39 MAP 2022
Commonwealth court erred in upholding appellant's sentence on his first DUI where appellant was sentenced to two DUI's on the same day and trial court found both offenses had to be considered prior offenses to each other because subsection 3806(b)(3) made clear that when two or more judgments of sentence were entered on the same day, that timing did not impact the calculation of the sentences as a prior offense at the time of sentencing on the present violation. Reversed.
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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
Attorneys: For plaintiff:
for defendant:
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: 2023-02-06
Practice Area: Election and Political Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 91 MAP 2022
Candidates appealed the setting aside of their petitions to run for an office in the general election after they had voluntarily withdrawn their petitions to run in the primary election and asked the commonwealth court to remove their names from the ballot and court found the Packrall exception to the "sore loser" provision did into apply in circumstances where a candidate obtained a court order withdrawing her primary election nomination petitions pursuant to §978.4 of the election code or where a court granted a petition to set asid
Publication Date: 2023-01-09
Practice Area: Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 78 MAP 2021
Commonwealth court erred in overturning Environmental Hearing Board's rescission of mining permits by relying on sua sponte issues not raised on appeal by the parties. Order of the commonwealth court vacated, case remanded.
Publication Date: 2022-11-14
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 16 WAP 2021
Constitutional challenge to statutory bar on parole for life/capital sentences constituted a challenge to the legality of sentence that had to be brought under the Post Conviction Relief Act, and thus the commonwealth court lacked jurisdiction to hear the petition. Order of the commonwealth court affirmed.
Publication Date: 2022-11-07
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18 WAP 2021
Inevitable discovery doctrine was separate and distinct from the issue of sufficient probable cause for a search warrant, as both arguments had different bases in law and required different factual evidence, such that the commonwealth's appeal challenging a trial court's probable cause determination did not impliedly raise an inevitable discovery argument as a "subsidiary issue." Order of the superior court vacated, case remanded.
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