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Publication Date: 2023-01-09
Practice Area: Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 78 MAP 2021
Commonwealth court erred in overturning Environmental Hearing Board's rescission of mining permits by relying on sua sponte issues not raised on appeal by the parties. Order of the commonwealth court vacated, case remanded.
Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 32 MAP 2021
Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 19 WAP 2021
The superior court did not err in finding that the mandatory sentencing enhancement set forth in 42 Pa. C.S. §9715(a) applied to a party such as defendant, who killed three people simultaneously while fleeing from police in a motor vehicle and was later convicted of three counts of third-degree murder charged in the same criminal information. The high court affirmed.
Publication Date: 2022-12-12
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 26 WAP 2021
Since "color of state law" under §1983 and "scope of office or duties" under the Political Subdivision Tort Claims Act involved different considerations because §1983 imposed liability for official misconduct within and without the scope of an official's authority, a federal verdict imposing §1983 did not constitute a judicial determination triggering municipal duty to indemnify under the PSTCA. Order of the commonwealth court affirmed.
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 28 EAP 2021
Trial courts should not use personal, emotion-laden hypotheticals couched in language of willingness to act when instructing juries on the standard of reasonable doubt but should instead use language framed in terms of hesitation to act. Order of the superior court affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-11-14
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 16 WAP 2021
Constitutional challenge to statutory bar on parole for life/capital sentences constituted a challenge to the legality of sentence that had to be brought under the Post Conviction Relief Act, and thus the commonwealth court lacked jurisdiction to hear the petition. Order of the commonwealth court affirmed.
Publication Date: 2022-11-07
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 18 WAP 2021
Inevitable discovery doctrine was separate and distinct from the issue of sufficient probable cause for a search warrant, as both arguments had different bases in law and required different factual evidence, such that the commonwealth's appeal challenging a trial court's probable cause determination did not impliedly raise an inevitable discovery argument as a "subsidiary issue." Order of the superior court vacated, case remanded.
Publication Date: 2022-11-07
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 1 EAP 2022
Trial court applied an incorrect analysis to appellant's petition to intervene in an adoption based on his in loco parentis status and the correct standard reviewed whether a non-foster-parent third party had a substantial and genuine interest in formalizing a permanent parental relationship with child and an individual's previously held in loco parentis status might demonstrate that interest. Reversed.
Publication Date: 2022-11-07
Practice Area: Civil Appeals
Industry: Insurance
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 58 MAP 2021
Appellant's notice of appeal from a commonwealth court panel's order was a timely appeal as of right from a final order in a declaratory judgment action, which triggered the jurisdictional limits imposed by 42 Pa.C.S. §5505. The high court affirmed.
Publication Date: 2022-09-12
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-1022
Commonwealth court erred in holding that act 129 did not mandate installation of smart meters and court found customers failed to meet their burden of proving, by a preponderance of the evidence, a conclusive causal connection between RF emissions from smart meters and adverse human health effects. Reversed in part and affirmed in part.
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