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  • O'Neill v. State Employees Ret. Sys.

    Publication Date: 2022-09-12
    Practice Area: Labor Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1024

    Commonwealth Court erred in forfeiting appellant's pension under Public Employee Pension Forfeiture Act because appellant's guilty plea to 18 U.S.C. §1001 did not trigger pension forfeiture since §1001 and 18 Pa.C.S. §4906 were not "substantially the same." Reversed.

  • Kornfeind v. New Werner Holding Co., Inc.

    Publication Date: 2022-09-12
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1030

    Pennsylvania borrowing statute only applied temporal restrictions under foreign jurisdiction's statute of limitations, not its statute of repose, where the language of the borrowing statute expressly referred to the "accrual" of claims and where Pennsylvania considered statutes of repose substantive law subject to choice of law analysis. Order of the superior court affirmed.

  • Goodwin v. Goodwin

    Publication Date: 2022-09-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1002

    Superior court properly found that life insurance proceeds and an IRA wife received on her child's death during her marriage to husband were "gifts" under §3501(a)(3) of the divorce code and were not marital property. Affirmed.

  • Commonwealth v. Lopez

    Publication Date: 2022-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0964

    Trial court was not obligated under rules of criminal procedure to conduct ability to pay hearing prior to imposing mandatory court costs, where rule governing imposition of costs or restitution by its terms clearly applied only to post-sentencing hearings. Order of the superior court affirmed.

  • In re: Appeal of April 24, 2018 Decision of, Charlestown Twp. Zoning Hearing Bd.

    Publication Date: 2022-08-29
    Practice Area: Land Use and Planning
    Industry: Advertising | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0962

    The lower courts did not err in finding that a Charlestown Township zoning ordinance was not unlawfully exclusionary as the restrictions complained of, i.e., those applying to billboards within the township and next to the state turnpike, arose from a state regulation establishing standards for outdoor billboards, not from the township's zoning ordinance. The high court affirmed.

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  • Commonwealth v. Reid

    Publication Date: 2022-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0965

    PCRA court erred in failing to consider new evidence of incompetency where substantive challenge to competency to stand trial could not be waived under the Post Conviction Relief Act. Order of the PCRA court vacated in part, case remanded.

  • Pennsylvania Envt'l Defense Found. v. Commonwealth

    Publication Date: 2022-08-22
    Practice Area: Energy and Natural Resources
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0938

    Use of oil and gas lease revenues from public trust land for general operations of Department of Conservation and Natural Resources was constitutional where commonwealth could incur costs of trust administration and therefore use trust corpus to pay the costs of the agency tasked with such administration. Order of the commonwealth court affirmed as modified.

  • McLinko v. Commonwealth

    Publication Date: 2022-08-15
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0916

    Commonwealth court erred in holding the universal mail-in voting provisions of act 77 were unconstitutional and court found the phrase "offer to vote" did not mandate in-person voting.

  • Commonwealth v. Jones-Williams

    Publication Date: 2022-08-01
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0852

    Superior court properly reversed trial court's denial of appellee's motion to suppress blood test results under exigent circumstances but erred in addressing the constitutionality of 75 Pa.C.S. §3775. Affirmed in part, vacated in part.

  • In re Nomination Petition of Jordan

    Publication Date: 2022-08-01
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0861

    Commonwealth court erred in finding objector's challenge to candidate's nomination petition was nonjusticiable because nomination challenges predicated on allegations that candidate for the general assembly could not meet the qualification requirements in art. II, §5 of the Pennsylvania constitution were justiciable per the implicit legislative prerogative embodied by §977 of the election code and candidate in this case failed to meet the requirements.