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  • N. Berks Reg'l Police Comm'm v. Berk County Fraternal Order of Police

    Publication Date: 2020-06-08
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0573

    The lower courts erred in overturning an arbitration award reinstating a police officer who was disciplined for unauthorized access to protected information since the arbitrator did not exceed his powers so as to create a basis for the vacation of the award under the narrow certiorari standard of review. The high court reversed for reinstatement of the arbitration award.

  • Commonwealth v. Tedford

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0456

    PCRA petition based on failure to disclose entire investigatory denied where petition was not field within 60 days of the police's disclosure of the existence of additional investigatory materials. Order of the PCRA court affirmed.

  • Friends of Danny DeVito v. Wolf

    Publication Date: 2020-04-27
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0430

    Governor had authority under Emergency Code and police powers to order closure of non-essential businesses to prevent spread of highly transmissible and potentially fatal virus. Petition denied.

  • Commonwealth v. Diaz

    Publication Date: 2020-04-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0385

    Where the absence of a needed interpreter at a critical stage of defendant's trial obstructed his ability to communicate with counsel, the U.S. Supreme Court's holding in U.S. v. Cronic applied such that defendant did not need to prove he was prejudiced by a sixth amendment violation to secure a new trial. The high court affirmed.

  • Office of Disciplinary Counsel v. Baldwin

    Publication Date: 2020-03-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Education | Legal Services
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0237

    Court agreed with disciplinary board that respondent attorney violated rules of professional conduct 1.1, 1.6(a), 1.7(a) and 8.4(d) but imposed public reprimand rather than public censure board recommended. Discipline imposed.

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  • Young v. Bd. of Probation & Parole

    Publication Date: 2020-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0236

    Commonwealth court properly held that board lacked the authority to reverse a previous award of street time granted pursuant to 61 Pa.C.S. 6138(a)(2.1). Affirmed.

  • Thompson v. Thompson

    Publication Date: 2020-02-10
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0137

    Superior court properly found that trial court's order imposing a suspended sentence for civil contempt of a child support order was illegal because suspended sentences were not statutorily authorized under 23 Pa.C.S. §4345 as punishment for non-compliance with a child support order and were illegal. Affirmed.

  • Suffolk Constr. Co. v. Reliance Ins. Co.

    Publication Date: 2019-12-30
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1507

    Commonwealth Court erred in finding that settlement agreement of dispute over construction quality clearly and unambiguously precluded objector from filing its claim for coverage from its own insurer because the agreement was ambiguous at best as to whether objector released its own insurers. Vacated and remanded.

  • In re Risperdal Litigation

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1418

    Superior court erred in affirming trial court's grant of summary judgment in favor of pharmaceutical manufacturer because genuine issues of material fact remained with respect to manufacturer's statute of limitations defense.

  • City of Harrisburg v. Prince

    Publication Date: 2019-11-25
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1377

    The commonwealth court erred in concluding that a donor spreadsheet was not a financial record subject to disclosure, the high court held in a decision noting that while records that would disclose the identity of individual donors are generally exempted from disclosure under the Right to Know Law, public access is statutorily required if those records can be characterized as financial records. The high court remanded for further proceedings.