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  • McKelvey v. Pennsylvania Dep't of Health

    Publication Date: 2021-08-02
    Practice Area: Public Records
    Industry: Health Care | Pharmaceuticals | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0869

    Commonwealth court properly rejected department's request to be relieved of its obligation to review Right-to-Know Law requests and determine what parts of a record were subject to disclosure and properly rejected medical marijuana business permit applicant's assertion that RTKL disclosure requirements ought to be narrowly construed but court vacated the decision with respect to applicant's claim it presented sufficient information with respect to disclosure of its financial information. Affirmed in part, vacated in part and remanded.

  • Commonwealth v. Harth

    Publication Date: 2021-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0758

    Trial court was required to first find that commonwealth acted with due diligence in bringing criminal defendant to trial before relying on the court's own unavailability to deny a Rule 600 motion. Judgment of sentence reversed.

  • In re P.G.F.

    Publication Date: 2021-04-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0370

    Superior court properly terminated appellant's parental rights where attorney appointed as both counsel and guardian ad litem for child did not expressly inquire into six year old's preferred outcome of the termination proceedings but attorney was able to fulfill her professional duties and act in both roles. Affirmed.

  • Commonwealth v. Montalvo

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0097

    Trial judge's misspeaking during jury instructions which misstated the commonwealth's burden of proof constituted a fundamental error that could only be remedied following the jury's verdict with the grant of a new guilt-phase trial. Order of the PCRA court affirmed.

  • Leight v. Univ. of Pittsburgh Physicians

    Publication Date: 2021-01-18
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0039

    Voluntary outpatient physicians' mere discussion or consideration of involuntary commitment for psychiatric treatment was insufficient to establish liability for physicians under the Mental Health Procedures Act. Order of the superior court affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • McMichael v. McMichael

    Publication Date: 2020-12-07
    Practice Area: Wrongful Death
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1328

    Jury erred in awarding no non-economic damages to surviving spouse who testified as to the duration and quality of her marriage with decedent. Order of the superior court affirmed in part and reversed in part, case remanded.

  • Commonwealth v. Knight

    Publication Date: 2020-11-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1292

    Capital crime defendant not entitled to Atkins instruction during penalty phase where defendant failed to present evidence that met the criteria for intellectual disability under Atkins case law. Judgment of sentence of death affirmed.

  • In re: Canvassing Observation

    Publication Date: 2020-11-30
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1286

    The trial court properly denied appellee Donald J. Trump, Inc. more proximate access to canvassing activities being carried out by the Philadelphia County Board of Elections as the Board fully complied with the Election Code, which grants an opportunity to broadly observe canvassing process but does not set a minimum distance between authorized representatives and such activities. The high court reversed the commonwealth court.

  • Mader v. Duquesne Light Co.

    Publication Date: 2020-11-30
    Practice Area: Damages
    Industry: Construction | Energy
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1297

    Superior court properly held trial court abused its discretion in granting a new trial as to all of appellant's damages in action over his injuries from an accidental electrocution and court found there was no per se rule with respect to the types of damages to be considered at a new trial and it was within the discretion of a trial court to award a new trial on all damages or only on certain damages. Affirmed.

  • In re: November 3, 2020 Gen. Election

    Publication Date: 2020-11-09
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1216

    Secretary of the commonwealth's directive to county election boards correctly stated the law of the Election Code where it contained no statutory provision requiring county boards to conduct a signature comparison for absentee or mail-in ballots or reject ballots on such a basis. Petition for declaratory judgment granted.