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  • Pennsylvania Envt'l Defense Found. v. Commonwealth

    Publication Date: 2021-08-09
    Practice Area: Energy and Natural Resources
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0909

    Environmental Rights Amendment did not create categories of public beneficiaries that would support the diversion of oil and gas lease revenues into the general fund. Order of the commonwealth court reversed.

  • Commonwealth v. Satterfield

    Publication Date: 2021-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0911

    Trial court erred in convicting and sentencing on multiple counts of leaving the scene of an accident involving death or injury where the statute only concerned the act of leaving the scene, not the number of individuals injured or killed in the accident. Judgment of sentence reversed, case remanded for resentencing.

  • Rice v. Diocese of Altoona-Johnstown

    Publication Date: 2021-08-09
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0904

    Superior court erred in reversing trial court that properly found the inquiry notice approach to the discovery rule required plaintiff to investigate diocese as a potential additional cause of her injuries, from being molested by her priest as a child, during the two-year limitations period. Reversed.

  • City of Johnstown v. Workers' Comp. Appeal Bd. (Sevanick)

    Publication Date: 2021-08-02
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0880

    Act 46 clearly intended to establish separate limitations period for firefighter cancer claims, which were not subject to the traditional 300-week claim period for other occupational diseases. Order of the commonwealth court affirmed.

  • U.S. Venture, Inc. v. Commonwealth

    Publication Date: 2021-08-02
    Practice Area: Government
    Industry: Construction | Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0870

    Commonwealth court properly found that "construction" within the context of 62 Pa.C.S. §102(f) required some element of control or ownership by the commonwealth, and in this case, the construction was for privately-owned fuel pumps and board of claims had no jurisdiction over plaintiff's action over two "grants" which were not subject to limited waiver of sovereign immunity. Affirmed.

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  • Philadelphia Gas Works v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2021-05-17
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0541

    The commonwealth court erred in concluding that the docketing of a municipal lien in Philadelphia County, i.e., the only first-class city in the commonwealth, acted not as a judgment but only to perfect the municipal lien, thereby allowing interest at a greater rate than the statutory post-judgment rate of six percent per annum. The high court reversed.

  • Commonwealth v. Lopez

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0515

    PCRA petition dismissed as untimely where it raised claims based on underlying facts previously alleged in prior PCRA and habeas petitions, thereby failing to meet the newly-discovered facts exception to the time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Yale

    Publication Date: 2021-05-10
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0524

    Lower courts erred in applying Pa.R.E. 404(b) to evidence of third person guilt offered by a defendant and found Pa.R.E. 401-403 applied to the admissibility of the evidence. Vacated and remanded.

  • Commonwealth v. Hairston

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0514

    Allegations of defects in imposition of capital punishment were insufficient to sustain constitutional challenge to death penalty, which continued to be affirmed by courts and not overturned by the state legislature.

  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-08
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0135

    Commonwealth properly held employer was not entitled under §306(a.1) of the workers' compensation act to reimbursement of benefits paid to petitioner during his pre-conviction incarceration because the language in the statues was clear and unambiguous and did not violate equal protection guarantees. Affirmed.