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Publication Date: 2023-12-18
Practice Area: Tax
Industry:
Court: Supreme Court
Judge: Justice Todd
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for defendant:
Case Number: 20 EAP 2022
Because state and local taxes could not be aggregated for purposes of a dormant Commerce Clause analysis, Philadelphia's tax scheme was constitutional where it afforded a credit for local taxes paid by resident who worked in another state, as the city was not obligated to also credit state income taxes paid to the other state. Order of the commonwealth court affirmed.
Publication Date: 2023-12-11
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Todd
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for defendant:
Case Number: 22 EAP 2022
No felony conviction recovery rule barred mental health patient from seeking indemnification and damages arising from the patient's intentional murders. Order of the superior court affirmed.
Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry: Technology Media and Telecom
Court: Supreme Court
Judge: Justice Todd
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for defendant:
Case Number: 19 WAP 2022
Summary document created by ShotSpotter testimony was nontestimonial in nature because its primary purpose was to assist law enforcement with responding to a potential ongoing emergency rather than to document past events for criminal prosecution, and thus the summary's admission did not violate defendant's Confrontation Clause rights. Order of the superior court affirmed.
Publication Date: 2023-10-16
Practice Area: Legislation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 22 EAP 2021
Act 12 of 2019 did not violate the legislative enactment requirements under Article III of the Pennsylvania Constitution where the bill's provisions were related to the single subject of benefits for low-income individuals and the bill's initial purpose of eliminating the commonwealth's cash assistance program in favor of health-related benefits. Order of the commonwealth court affirmed.
Publication Date: 2023-10-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 17 WAP 2022
Appellant appealed the Superior Court's holding that a trial court lacked jurisdiction to correct a patent and obvious error in a sentencing order where the defendant's request for correction fell outside the time limits of the Post Conviction Relief Act. The court held that it was unnecessary to reach that issue where there was no patent and obvious sentencing error in the first instance.
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Authors: Gary L. Brown
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Publication Date: 2023-06-05
Practice Area: Wrongful Death
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 6 WAP 2022
Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 5 EAP 2022
Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 93 MAP 2021
Jamal Wallace appealed the superior court's order affirming appellant's judgment of sentence for aggravated assault, criminal conspiracy, and carrying a firearm without a license. Appellant's conviction arose from the shooting of Kamaal Dutton. As part of the investigation, police discovered that several businesses near the location of the shooting had exterior surveillance cameras. Investigators recovered surveillance footage that depicted two adults later identified as appellant and Mason Clary in the area in the hours leading up to
Publication Date: 2022-09-12
Practice Area: Labor Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 22-1024
Commonwealth Court erred in forfeiting appellant's pension under Public Employee Pension Forfeiture Act because appellant's guilty plea to 18 U.S.C. §1001 did not trigger pension forfeiture since §1001 and 18 Pa.C.S. §4906 were not "substantially the same." Reversed.
Publication Date: 2022-01-24
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 22-0081
Minimum variance analysis factor applied to use variance applications, while blighted properties were not entitled to a relaxed standard in the minimum variance analysis. Order of the commonwealth court affirmed in part, reversed and remanded in part.
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