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Publication Date: 2022-01-10
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0009
Superior court erred in overlooking factual and credibility determinations of trial court that supported the trial court's denial of a petition to involuntarily terminate parental rights, which credited parent's testimony regarding his efforts to overcome barriers to his ability to exercise parental duties. Order of the superior court reversed and remanded.
Publication Date: 2021-10-25
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 21-1236
Secretary of education was entitled to consider financial impacts to proposed independent school district and the existing school districts that students in the independent district would transfer from and to when evaluating a petition from "an educational standpoint." Order of the commonwealth court reversed, case remanded.
Publication Date: 2021-08-09
Practice Area: Administrative Law
Industry: Manufacturing | State and Local Government | Transportation
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 21-0906
Board of claims correctly granted commonwealth's preliminary objections in dispute involving two Alternative and Clean Energy grant agreements for appellant to construct compressed natural gas fuel pumps because the agreements were in fact "grants," were used for the construction of fuel pumps for a private entity and appellant's claim was barred by sovereign immunity. Affirmed.
Publication Date: 2021-08-09
Practice Area: Energy and Natural Resources
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2021-08-09
Practice Area: Criminal Law
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Court: Supreme Court
Judge: Justice Donohue
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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.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2021-08-09
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2021-08-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2021-08-02
Practice Area: Government
Industry: Construction | Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2021-05-17
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2021-05-10
Practice Area: Criminal Law
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Court: Supreme Court
Judge: Justice Donohue
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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.
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