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  • MBC Dev., LP v. Miller

    Publication Date: 2024-06-14
    Practice Area: Corporate Governance
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1 MAP 2023

    Superior court erred in vacating stay of arbitration of challenge to LP's special litigation committee determination where such determinations had to be reviewed by the courts pursuant to Pennsylvania Uniform Limited Partnership Act and the partnership agreement expressly stated that it was to be construed under Pennsylvania law. Order of the superior court reversed, case remanded.

  • Commonwealth v. Womack

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 110 MAP 2022

    Court correctly denied Pa.R.Crim.P.600 motion for second complaint arising from same criminal conduct where second complaint was motivated by further investigation after first complaint and there was no evidence of an attempt to evade the rule. Order of the superior court affirmed.

  • Commonwealth v. Harris

    Publication Date: 2024-05-24
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 31 EAP 2022

    Inadmissible hearsay evidence alone was insufficient to satisfy the commonwealth's burden to prove a prima facie case as to a defendant's identity at a preliminary hearing. Order of the superior court affirmed.

  • Dwyer v. Ameriprise Fin., Inc.

    Publication Date: 2024-05-10
    Practice Area: Consumer Protection
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 WAP 2023

    Trial court erred in concluding that plaintiffs were not entitled to treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law after the jury had already awarded them punitive damages on their tort claims. Order of the superior court reversed, case remanded.

  • City of Lancaster v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2024-05-10
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 107 MAP 2022

    Public Utility Commission regulations concerning the placement of gas meters in historic districts did not constitute unconstitutional delegation of legislative/regulatory authority to public utilities where the legislature had never passed a law mandating the placement of meters, which had traditionally been left to the discretion of the utilities. Order of the commonwealth court reversed, case remanded.

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  • Ferraro v. Patterson-Erie Corp.

    Publication Date: 2024-05-10
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1 WAP 2023

    Making only one attempt to serve process after filing a complaint and waiting eight months to effect service, after the limitations period would have expired, did not constitute good faith diligence at timely serving process. Order of the superior court reversed.

  • Kramer v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2024-05-10
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 103 MAP 2022

    In a case arising from the death of a youth from an overdose of illegal drugs in the home of appellants, the court reversed a ruling of the Superior Court that emotional distress damages were covered under an insurance policy providing liability coverage for bodily injury when the policy excluded emotional distress from its definition of bodily injury.

  • Commonwealth v. Drayton

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 83 MAP 2023

    Appellant appealed the Superior Court's order affirming the post conviction review court's denial of his petition for post conviction relief. The court held that appellant's trial attorney did not render per se ineffective assistance by failing to object when the trial court provided the jury with written instructions not specifically authorized under Pennsylvania Rule of Criminal Procedure 646.

  • In re Trust B Under Agreement of Wells

    Publication Date: 2024-04-05
    Practice Area: Trusts and Estates
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 WAP 2023

    Charitable foundation appealed the denial of its motion to terminate a trust and court found orphans' court acted within the discretion afforded it by 20 Pa.C.S. §7740.3(e) and foundation failed to satisfy the high standard for termination in §7740.3(e). Affirmed.

  • Pennsylvania State Educ. Ass'n v. Pub. Sch. Employees' Ret. Bd.

    Publication Date: 2024-04-05
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 90 MAP 2022

    Associations of teacher's unions had associational standing to challenge Public School Employees' Retirement Board's resolution that created confusion over the applicability of the withdrawal liability statute in specific circumstances. Order of the commonwealth court reversed, case remanded.