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  • 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.

  • Commonwealth v. Santiago

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0756

    Police officer's out-of-court identification of defendant was tainted by illegal search of defendant's cell phone, but officer could make admissible in-court identification of defendant based on officer's personal observation of defendant during valid initial traffic stop. Order of the superior court affirmed.

  • Commonwealth v. Le

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0700

    Conviction for murder and death sentence affirmed where testimony sufficient to find defendant acted as conspirator and/or accomplice in the murder. Conviction and judgment of sentence affirmed.

  • EQT Prod. Co. v. Borough of Jefferson Hills

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0702

    Municipality, in reviewing natural gas well conditional use application, could consider testimony from residents of another municipality concerning the effects of a similar natural gas well operated by the same applicant. Order of the commonwealth court vacated, case remanded.

  • Commonwealth v. Frein

    Publication Date: 2019-05-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0530

    While the victim impact evidence admitted by the trial court in this case may have been unnecessarily extensive, defendant failed to establish that he was prejudiced by the admission of such evidence where the jury found several aggravating circumstances but no mitigating factors. The high court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Adams

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0120

    Pursuant to the fugitive forfeiture rule as applied in Commonwealth v. Deemer, the appellate court correctly affirmed defendant's judgment of sentence after the trial court found that he forfeited his appellate rights due to his fugitive status, even where counsel filed a timely notice of appeal on his behalf. The high court affirmed defendant's judgment of sentence.

  • Snyder Bros. Inc. v. PUC

    Publication Date: 2019-01-15
    Practice Area: Energy and Natural Resources | Fee Disputes
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0001

    The commonwealth court erred in its interpretation of "vertical gas well" under act 13 and the court held that an unconventional well was a vertical gas well subject to assessment of an impact fee whenever that well's production exceeded 90,000 cubic feet per day in at least one calendar month of the year. Reversed.

  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1532

    Redaction of information from grand jury report that tended to impair reputational rights of individuals named in report but not criminally charged was best available due process remedy, where re-empaneling grand jury and/or directing supervising judge to review new exculpatory and rebuttal evidence was not statutorily authorized. Order of the court affirmed.

  • Washington v. Dept. of Pub. Welfare

    Publication Date: 2018-08-07
    Practice Area: Administrative Law | Constitutional Law | Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0922

    Legislature violated Art. III, §4 of the Pennsylvania Constitution where it passed a bill whose contents were completely gutted and replaced without then considering the bill on three separate days in each chamber. Order of the commonwealth court reversed.

  • In the Interest of J.B.

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0928

    Superior Court erred in affirming juvenile's adjudication as delinquent for the murder of his stepmother because the evidence was, at best, in equipoise and was insufficient as a matter of law to overcome the presumption of innocence. Reversed.