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  • Nicole B. v. Sch. Dist. of Philadelphia

    Publication Date: 2020-09-28
    Practice Area: Civil Rights
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1063

    Commonwealth court erred in holding that Pennsylvania Human Relations Act's equitable tolling provision did not toll the time requirement for complaints filed by minors because PHRA's equitable tolling provision was ambiguous and under the tolling provision, the limitations period could be tolled during a child's period of minority. Reversed.

  • Kurach v. Truck Ins. Exch.

    Publication Date: 2020-08-31
    Practice Area: Insurance Law
    Industry: Construction | Insurance
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0938

    Superior court properly found that insurer was permitted to withhold general contractor overhead and profit expenses from its actual cash value "step one" payments to policyholders after their homes were damaged because policyholders did not undertake repairs. Affirmed.

  • Renner v. Court of Common Pleas of Lehigh County

    Publication Date: 2020-08-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0822

    Commonwealth court properly found that CCP was immune from suit in appellant's discrimination and retaliation action under the PHRA and court found application of the PHRA to the judiciary and its employees infringed on the court's ability to administer the courts, promulgate rules and policies and supervise its employees and violated the separation of powers. Affirmed.

  • Commonwealth v. Hoover

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0548

    Vacating order terminating sentence of intermediate punishment following defendant's subsequent arrest violated due process where trial court did not condition the order of termination on defendant's future conduct. Order of the superior court reversed.

  • Trigg v. Children's Hosp. of Pittsburgh of UPMC

    Publication Date: 2020-05-11
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0482

    Superior court erred in considering appellees' argument that trial court erred by not personally observing the demeanor of prospective jurors during voir dire because appellees waived the issue for appellate review by making no contemporaneous or pretrial objections to trial judge's absence. Vacated.

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    Florida Evidence and Procedure 2019

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  • Commonwealth v. Housman

    Publication Date: 2020-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0359

    PCRA court properly granted new penalty trial where trial counsel was ineffective for failing to obtain and investigate other mental health evidence and witnesses that could have led the jury to find other mitigating factors and decline to impose the death penalty. Order of the PCRA court affirmed.

  • Assoc. of Pa. State Coll. & Univ. Faculties v. Pa. Labor Relations Bd.

    Publication Date: 2020-04-06
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0360

    Since the impact of the Pennsylvania State System of Higher Education's protection of minors policy, requiring faculty members to submit to criminal background checks, on faculty employment conditions did not outweigh the State System's interest in protecting minors on campus, the State System was not required to bargain over this inherently managerial policy. The high court reversed the commonwealth court.

  • Commonwealth v. Housman

    Publication Date: 2020-04-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0359

    Defendant was properly granted a new trial in the penalty phase of this capital case where trial counsel's performance during the penalty phase of his trial resulted from inattention to the mitigation evidence that was readily available to him. The high court affirmed.

  • In the Interest of: N.B.-A.

    Publication Date: 2020-02-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0134

    Finding of child abuse unsupported where there was no evidence that parent knew or should have known child had been sexually abused or that stepsibling who perpetrated the abuse was a risk to the child. Order of the superior court reversed.

  • Commonwealth v. Parrish

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0105

    Appellate counsel's filing of a deficient Rule 1925(b) constituted ineffective assistance of counsel and entitled appellant to reinstatement of his right to file a Rule 1925(b) statement nunc pro tunc. Case remanded.