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  • McKelvey v. Pennsylvania Dep't of Health

    Publication Date: 2021-08-02
    Practice Area: Public Records
    Industry: Health Care | Pharmaceuticals | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0869

    Commonwealth court properly rejected department's request to be relieved of its obligation to review Right-to-Know Law requests and determine what parts of a record were subject to disclosure and properly rejected medical marijuana business permit applicant's assertion that RTKL disclosure requirements ought to be narrowly construed but court vacated the decision with respect to applicant's claim it presented sufficient information with respect to disclosure of its financial information. Affirmed in part, vacated in part and remanded.

  • U.S. Venture, Inc. v. Commonwealth

    Publication Date: 2021-08-02
    Practice Area: Government
    Industry: Construction | Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0870

    Commonwealth court properly found that "construction" within the context of 62 Pa.C.S. §102(f) required some element of control or ownership by the commonwealth, and in this case, the construction was for privately-owned fuel pumps and board of claims had no jurisdiction over plaintiff's action over two "grants" which were not subject to limited waiver of sovereign immunity. Affirmed.

  • Commonwealth v. Cosby

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0796

    District attorney's press release declining prosecution to induce defendant to testify in related civil lawsuit precluded commonwealth from subsequently bringing criminal charges and using that civil suit testimony. Judgment of conviction vacated.

  • Degliomini v. ESM Productions, Inc.

    Publication Date: 2021-07-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0763

    City could not rely on exculpatory release executed by participant in charity bike ride to immunize the city from claims of negligence arising from the city's purported failure to maintain streets, where a party that had duty of public service could not contractually immunize itself from liability arising from the execution of that duty. Order of the commonwealth court reversed.

  • Domus, Inc. v. Signature Bldg. Sys. of PA, LLC

    Publication Date: 2021-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0764

    Failure to submit authenticated copy of foreign judgment did not deprive trial court of jurisdiction to hear action to enforce the judgment, but at most could only implicate the trial court's power to ultimately enforce the judgment. Order of the superior court reversed, case remanded.

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  • Commonwealth v. Harth

    Publication Date: 2021-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0758

    Trial court was required to first find that commonwealth acted with due diligence in bringing criminal defendant to trial before relying on the court's own unavailability to deny a Rule 600 motion. Judgment of sentence reversed.

  • Commonwealth v. Rogers

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0594

    Sexual assault victims' prostitution convictions were inadmissible under the Rape Shield Law to support defendant's contention that his encounters with the victims were consensual sex-for-money transactions where those underlying convictions involved individuals other than defendant. Order of the superior court affirmed in part and reversed in part.

  • In re: B.W.

    Publication Date: 2021-05-31
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0592

    The superior court properly found that §301 of the Mental Health Procedures Act requires a showing of a threat and an act in furtherance of that threat to warrant involuntary treatment based upon a clear and present danger; however, the court erred in ordering the expungement of petitioner's treatment records because the evidence at bar did in fact satisfy that standard. The high court reversed.

  • Terra Firma Builders, LLC v. King

    Publication Date: 2021-05-17
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0543

    By holding that defendants waived their challenge to an unperfected mechanics' lien, despite the fact that §505 of the the Mechanics' Lien Law places no time limit on challenges raised in subsequent proceedings, the superior court improperly attempted to give legal force to an invalid judgment on the lien. The high court reversed.

  • Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC

    Publication Date: 2021-05-17
    Practice Area: Contracts
    Industry: Cargo and Shipping | Transportation
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0551

    Superior court properly held that a no-hire or "no poach" agreement ancillary to a services contract between business entities was not enforceable because balancing the overbreadth of the provision and the likelihood of harm to the public showed that provision unreasonably restrained trade. Affirmed.