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  • League of Women Voters of Pa. v. Commonwealth

    Publication Date: 2018-02-20
    Practice Area: Constitutional Law | Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0174

    Free and Equal Elections Clause of Pennsylvania Constitution required that representative districts be compact and contiguous, without breaking up counties and municipalities, and of roughly equal population, which best ensured that each voter in every community had an equally effective opportunity to select representatives of his or her choice. Order of the commonwealth court reversed.

  • Commonwealth v. VanDivner

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0169

    Death sentence vacated where appellant presented sufficient evidence at pretrial hearing to support finding that he was intellectually disabled and therefore ineligible for death penalty. Judgment of sentence of death vacated, life sentence imposed.

  • Shearer v. Hafer

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0077

    Superior court erred in considering appellants appeal of the trial court order disallowing the presence of appellants counsel during the standardized portion of a neuropsychological examination because the order was not an appealable order as of right under Pa.R.A.P. 313 where the order met only one of the three prongs of the collateral order doctrine. Vacated.

  • Shearer v. Hafer

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0077

    Superior court erred in considering appellants appeal of the trial court order disallowing the presence of appellants counsel during the standardized portion of a neuropsychological examination because the order was not an appealable order as of right under Pa.R.A.P. 313 where the order met only one of the three prongs of the collateral order doctrine. Vacated.

  • Office of Disciplinary Counsel v. Pozonsky

    Publication Date: 2018-02-06
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0112

    Respondent judge was disbarred after he resigned his judicial commission and was convicted for stealing cocaine from the evidence locker in his courtroom and using it for recreational purposes while the founder and sitting judge of the drug court, obstructing administration of law and misapplication of entrusted property because respondents grievous conduct far outweighed the mitigation evidence he offered, it severely diminished the publics confidence in the judiciary and respondent offered no causal connection between his addictio

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    Lancaster County & Berks County Court Rules 2023

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  • Commonwealth v. Livingstone

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1845

    The high court concluded that an individual in defendants position, i.e., stopped in a car on the side of the road with a police car pulled up alongside her with emergency lights on, was subjected to an investigatory detention without reasonable suspicion of criminal activity, and that the public servant exception under the community caretaking doctrine did not otherwise justify the warrantless seizure. The court reversed and remanded.

  • Shoul v. Dept of Transportation

    Publication Date: 2017-12-26
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1855

    Trial court erred in holding that 75 Pa. C.S. §1611(e) violated appellees substantive due process rights under the Pennsylvania constitu-tion and correctly found that the revocation of appellees CDL constituted punishment but the case was remanded because the record was insufficiently developed to determine whether §1611(e)s application to appellee was grossly disproportionate to his crime. Reversed in part, vacated in part and remanded.

  • Nextel Communications of the Mid-Atlantic, Inc. v. Dept of Revenue

    Publication Date: 2017-11-07
    Practice Area: Tax
    Industry: Aerospace | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1670

    Commonwealth Court correctly found that the net loss carryover provision violated the uniformity clause of the Pennsylvania constitution but erred in its remedy of striking all caps in the NLC because that remedy contravened the legislatures intent and the proper remedy was to sever the $3 million flat deduction. Affirmed in part and reversed in part.

  • Coughlin v. Massaquoi

    Publication Date: 2017-10-17
    Practice Area: Evidence | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1562

    Superior Court properly affirmed trial courts denial of appellants motion in limine to bar the evidence of pedestrians BAC, in automobile accident that killed pedestrian, because the BAC evidence was admissible if the trial court determined that it reasonably established a pedestrians unfitness to cross the street.