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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.
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.
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.
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.
Publication Date: 2021-05-17
Practice Area: Personal Injury
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0539
The lower courts erred in holding that plaintiff's claim could not be encompassed within the real estate exception to sovereign immunity where she alleged that insufficient lighting on Commonwealth realty stemming from the existence and location of a light pole, tree and sidewalk created a dangerous condition. The high court reversed and remanded.
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Publication Date: 2021-05-17
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0541
The commonwealth court erred in concluding that the docketing of a municipal lien in Philadelphia County, i.e., the only first-class city in the commonwealth, acted not as a judgment but only to perfect the municipal lien, thereby allowing interest at a greater rate than the statutory post-judgment rate of six percent per annum. The high court reversed.
Publication Date: 2021-05-17
Practice Area: Contracts
Industry: Energy
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0540
The trial court erred in providing plaintiffs recourse through application of the equitable doctrine of abandonment where they could have availed themselves of a full and adequate remedy at law through contract principles generally applicable to oil and gas leases and through the specific provisions of the leases. The high court reversed.
Publication Date: 2021-05-10
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0517
Lower court applied wrong standard at preliminary hearing by failing to view evidence in light most favorable to commonwealth and instead adopting inferences favorable to the defendant, thereby erroneously raising the commonwealth's burden of proof. Order of the superior court reversed.
Publication Date: 2021-05-10
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0515
PCRA petition dismissed as untimely where it raised claims based on underlying facts previously alleged in prior PCRA and habeas petitions, thereby failing to meet the newly-discovered facts exception to the time bar. Order of the PCRA court affirmed.
Publication Date: 2021-05-10
Practice Area: Public Records
Industry: Consulting | State and Local Government
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0509
The commonwealth court erred in concluding that communications exchanged between a commonwealth agency and a private consultant could be shielded from disclosure under the Right-to-Know Law's pre-decisional deliberations exception. The high court reversed in part and affirmed in part.
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