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Publication Date: 2021-04-19
Practice Area: Discovery
Industry:
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 21-0422
The high court split on whether the attorney-client privilege and work product doctrine protect communications between a trustee and counsel from discovery by beneficiaries when the communications arose in the context of adversarial proceedings between those parties, but found that disclosure would nevertheless result from the competing positions set forth by a majority of justices. The high court affirmed the lower court's alternative ruling.
Publication Date: 2021-04-05
Practice Area: Criminal Law
Industry: Legal Services | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 21-0365
Trial court lacked authority to remove district attorney's office for failing to participate in parole revocation hearing and to appoint a private attorney to represent the commonwealth. Order of the trial court vacated, case remanded.
Publication Date: 2021-03-01
Practice Area: Consumer Protection
Industry: Financial Services and Banking | Insurance
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 21-0215
Violating catch-all provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by engaging in deceptive conduct constituted strict liability offense, such that consumer's failure to establish fraudulent or negligent behavior in other claims in case did not bar statutory claim. Order of the superior court affirmed.
Publication Date: 2021-02-01
Practice Area: Administrative Law
Industry: Advertising | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 21-0100
Lower courts properly upheld changes to billboard sign where owner had an existing legal, non-conforming use and had not sought to change the structure of the billboard, which would require new approvals and permits. Order of the commonwealth court affirmed.
Publication Date: 2021-01-18
Practice Area: Motor Vehicle Torts
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 21-0035
Trial court erred in issuing sudden emergency doctrine instruction to the jury where pedestrian's entrance into the intersection with the signal in their favor and proceeding across the intersection at a normal pace meant the driver's failure to observe the pedestrian until it was too late to safely stop meant that any emergency was self-created by the motorist. Order of the superior court reversed, case remanded.
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Publication Date: 2020-11-02
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
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Case Number: 20-1182
Trial court erred in concluding analysis of defendant's alleged intellectual disability after finding standardized testing conducted by defendant's experts to be not credible, where determination of intellectual disability was not limited solely to the results of diagnostic testing but could be based on other assessments as well. Order of the trial court reversed, case remanded.
Publication Date: 2020-10-19
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 20-1132
Although public record presumption had no statutory basis in the newly-discovered facts statutory exemption to the PCRA time bar, defendant's PCRA petition failed where a commonwealth witness's new testimony was materially consistent with trial testimony. Order of the superior court affirmed.
Publication Date: 2020-10-12
Practice Area: Government
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 20-1116
Commonwealth court erred in finding supervisor's act of approving his son's payroll for work as road crew constituted a conflict of interest because the performance by a public officer of an administrative act entailing no discretion that benefited a subclass that included a family member did not constitute a conflict of interest and court erred in approving commission's imposition of restitution since commission lacked a statutory basis to impose restitution. Reversed and remanded.
Publication Date: 2020-09-28
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1064
Commonwealth court erred in allowing the submission of a fax of a candidate's purported affidavit, contravened a critical anti-fraud election regulation, erred in excusing the fax's "method of submission" and erred in determining that "substantial compliance" was sufficient to excuse candidate's oversight and the defect was fatal to candidate's nomination and to the substitution of the person nominated at the party's convention. Reversed.
Publication Date: 2020-08-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 20-0940
Trial court correctly applied principal amount ceiling of Act 6 in effect at the time of loan origination where there was no indication in the 2008 revision to the act that the legislature intended for the increased ceiling to apply retroactively. Order of the superior court affirmed.
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