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  • Commonwealth v. Santana

    Publication Date: 2022-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0037

    Punitive provisions of Sexual Offender Registration and Notification Act were unconstitutionally applied to offender convicted of rape in another state prior to the enactment of sex offender registration systems, as imposition of SORNA requirements constituted an unconstitutional ex post facto increase in punishment. Order of the superior court affirmed.

  • Lageman v. Zepp

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0040

    After presenting some direct evidence of negligence, a medical malpractice plaintiff was not precluded from also receiving a res ipsa loquitur jury instruction after presenting substantial circumstantial evidence of the doctor's negligence. Order of the superior court affirmed.

  • Commonwealth v. McCabe

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0036

    The lower courts correctly interpreted the procedural requirements for problem-solving courts such as a Veterans Treatment Court as being distinct from Accelerated Rehabilitative Disposition and, thus, properly found that Chapter 3 of the Pennsylvania Rules of Criminal Procedure did not apply to the disposition of defendant's case. The high court affirmed.

  • Mallory v. Norfolk Southern Ry. Co.

    Publication Date: 2022-01-17
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0049

    Trial court correctly dismissed appellant's complaint for lack of personal jurisdiction where appellant alleged jurisdiction based exclusively on defendant's compliance with a mandatory registration statute and court found the exercise of jurisdiction over defendant did not satisfy due process as required by Daimler AG v. Bauman, 571 U.S. 117, and Goodyear Dunlop Tires Operations, S.A. v. Brown, 563, U.S. 915, and the Pennsylvania statutory scheme was unconstitutional to the extent it conferred general jurisdiction over foreign corpor

  • Eastern Univ. Acad. Charter Sch. v. Sch. Dist. of Philadelphia

    Publication Date: 2022-01-10
    Practice Area: Education Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0000

    Commonwealth court properly affirmed board's decision to uphold school district's decision not to renew appellant's charter school charter because 24 P.S. §1729-A(a), when read in concert with the charter school law as a whole, set forth no deadline by which a school district had to complete the process for declining to renew a charter. Affirmed.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Commonwealth v. DiStefano

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0016

    Superior court erroneously overruled trial court's evidentiary ruling when superior court failed to explain how trial court abused its discretion in excluding evidence after finding that its risk of prejudice outweighed any probative value. Judgment of the superior court vacated, case remanded.

  • Bisher v. Lehigh Valley Health Network, Inc.

    Publication Date: 2022-01-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0014

    Pleadings unlawfully filed by non-attorneys did not implicate the subject matter jurisdiction of the trial court, but were still voidable in the discretion of the trial court following notice and opportunity to cure. Order of the superior court reversed, case remanded.

  • In re: Adoption of: L.A.K.

    Publication Date: 2022-01-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0009

    Superior court erred in overlooking factual and credibility determinations of trial court that supported the trial court's denial of a petition to involuntarily terminate parental rights, which credited parent's testimony regarding his efforts to overcome barriers to his ability to exercise parental duties. Order of the superior court reversed and remanded.

  • Commonwealth v. Green

    Publication Date: 2022-01-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0012

    Search warrant was not overbroad where it authorized the seizure of all digital devices from a residence, where law enforcement had probable cause to believe child pornography was being shared from an IP address, as the warrant only authorized searching the devices for evidence relating to child pornography. Order of the superior court affirmed.

  • Lorino v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0007

    Commonwealth court erred in interpreting §440 to require a per se disqualification of an award of claimant's attorney fees where the employer established a reasonable basis for its contest because that interpretation was contrary to the plain language of the statute. Reversed.