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  • Commonwealth v. Smith

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1413

    Firearm manufacturer's number that was scratched but still legible did not constitute violation of the statute prohibiting possession of a firearm with an altered manufacturer's number. Order of the superior court reversed, case remanded.

  • Assouline v. Reynolds

    Publication Date: 2019-12-09
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1407

    Where plaintiff purchased a residential property at a sheriff's sale after the defendant owners failed to pay real estate taxes, the superior court erred in finding that a magisterial district judge had jurisdiction over plaintiff's action seeking possession of the property and overdue "rent" as there was no landlord-tenant relationship between these parties. The high court reversed and remanded.

  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2019-12-09
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1417

    Grand jury investigation target's disclosure of mental health treatment records to his employer, when treatment was obtained at the employer's behest, could not be construed as an implied or general release that would allow the grand jury to include information from the records in a public report. Order of the supervising judge reversed.

  • Commonwealth v. Davis

    Publication Date: 2019-12-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1411

    Password to criminal defendant's computer was protected by Fifth Amendment privilege against self-incrimination, which could not be defeated by the foregone conclusion exception. Order of the superior court reversed and remanded.

  • In Re: Petition of J.M.Y.

    Publication Date: 2019-10-28
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1268

    Lower courts lacked jurisdiction to consider expungement of Section 303 commitment records where applicant failed to timely raise constitutional challenges to commitment. Order of the superior court reversed.

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  • Binswanger of Pennsylvania, Inc. v. TSG Real Estate LLC

    Publication Date: 2019-10-14
    Practice Area: Contracts
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1196

    The lower courts did not err in concluding that the plaintiff real estate broker had earned a partial commission on the sale of defendant's commercial property in accordance with the terms of its broker agreement even though plaintiff did not procure the buyer who purchased the property. The high court affirmed.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2019-09-02
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1008

    Superior court properly found that an unlisted resident driver exclusion in vehicle owner's insurance policy was not contrary to public policy and was valid and enforceable because 75 Pa.C.S. §1786 did not require an insurer to provide coverage beyond what the insurance policy provided and the URDE was not contrary to public policy. Affirmed.

  • Commonwealth v. Cousins

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0899

    The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.

  • S & H Transp. Inc., v. City of York

    Publication Date: 2019-08-05
    Practice Area: Tax
    Industry: Cargo and Shipping | Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0912

    Commonwealth court erred in finding that money appellant collected and passed on to freight carriers for their fees was not excluded from taxation under the city's business privilege and mercantile tax because the BPT regulation's "freight delivery exclusion" applied. Reversed.

  • Mitchell v. Shikora

    Publication Date: 2019-07-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0740

    Evidence of risks and complications of surgery was admissible in medical negligence claim to establish the applicable standard of care and show that a physician's conduct complied with the standard. Order of the superior court reversed.