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  • Brooks v. Ewing Cole, Inc.

    Publication Date: 2021-10-18
    Practice Area: Premises Liability
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1201

    Claim of sovereign immunity was immediately appealable under the collateral order doctrine as sovereign immunity was a protection from suit, not just liability for damages, and therefore would be irreparably lost if public entity were forced to litigate all the way to final judgment to seek appellate review on its immunity claim. Order of the commonwealth court reversed and remanded.

  • K.N.B. v. M.D.

    Publication Date: 2021-10-18
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1208

    Appellant appealed the grant of a sexual violence protective order and court found petitions under the Protection of Victims of Sexual Violence or Intimidation Act were subject to the six-year catch-all statute of limitations and the continued risk of harm element did not require trial court to evaluate the reasonableness of a plaintiff's mental and emotional reactions. Affirmed.

  • Commonwealth v. Purnell

    Publication Date: 2021-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1195

    The trial court did not abuse its discretion in granting a request to have a comfort dog present during the testimony of an autistic minor where it substantially comported with a Connecticut balancing test for guidance in deciding whether to permit the use of comfort animal, i.e., a test the high court adopted herein. The high court affirmed defendant's judgment of sentence.

  • Commonwealth v. Flor

    Publication Date: 2021-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1197

    Petition for post-conviction relief properly dismissed where counsel could not be held deficient for experts' failure to diagnose defendant with intellectual disability, and defendant could not present standalone Atkins claim in a PCRA petition, particularly where his medical expert testimony in support of his claim was found not credible. Order of the PCRA court affirmed.

  • Pascal v. City of Pittsburgh Zoning Bd. of Adjustment

    Publication Date: 2021-10-11
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1177

    Objectors were not required to show that decision-maker with actual conflict of interest had bias or influence over the decisions of others, as the mere appearance of a lack of neutrality was sufficient to require recusal. Order of the commonwealth court affirmed in part and reversed and remanded in part.

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Mohn v. Bucks County. Republican Comm.

    Publication Date: 2021-10-11
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1181

    Court could not exercise judicial review over internal affairs of political party, pursuant to associational freedoms, where such intraparty action did not affect public office or constitute any other state interest. Order of the commonwealth court affirmed.

  • Commonwealth v. Reid

    Publication Date: 2021-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1175

    PCRA matter remanded for PCRA court to issue supplemental opinion where court failed to state the reasons why it denied defendant's claim that counsel was ineffective for failing to litigate defendant's competency to stand trial and his brief self-representation. Order of the PCRA court affirmed in part, remanded in part.

  • United Blower, Inc. v. Lycoming County Water & Sewer Auth.

    Publication Date: 2021-10-11
    Practice Area: Government
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1173

    Commonwealth court erred in calculating the costs of blowers used in a public project for the purposes of determining percentages of foreign and domestic steel under the Steel Act and court found the proper denominator was the total cost of all articles, materials and supplies and the numerator was the total cost to acquire just the foreign AMSs or the total cost to acquire just the domestic AMSs. Reversed.

  • Commonwealth v. Raboin

    Publication Date: 2021-09-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1089

    Admission of forensic interview of child sexual assault victim in its entirety under Rule 106 was erroneous where only certain portions of the interview would have served to correct misleading impressions introduced by defense cross-examination. Judgment of the superior court reversed, case remanded.

  • Commonwealth v. Howard

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1048

    A parent riding with their young child in a car-for-hire that did not have a child car seat installed did not, without more, support a conviction for endangering the welfare of a child.