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  • Commonwealth v. Hairston

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0514

    Allegations of defects in imposition of capital punishment were insufficient to sustain constitutional challenge to death penalty, which continued to be affirmed by courts and not overturned by the state legislature.

  • Commonwealth v. Speight

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0519

    Trial court erred in not resentencing defendant who had obtained federal habeas relief vacating his death sentence, based on the trial court's determination that the federal court had failed to undertake independent judicial review of the habeas petition but instead merely accepted the agreement of the parties. Order of the trial court reversed, case remanded.

  • In re: Estate of W. McAleer

    Publication Date: 2021-04-19
    Practice Area: Discovery
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0422

    The high court split on whether the attorney-client privilege and work product doctrine protect communications between a trustee and counsel from discovery by beneficiaries when the communications arose in the context of adversarial proceedings between those parties, but found that disclosure would nevertheless result from the competing positions set forth by a majority of justices. The high court affirmed the lower court's alternative ruling.

  • In re: Nomination Petition of Major

    Publication Date: 2021-04-19
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0420

    The lower court properly set aside a candidate's nominating petition based on a legal challenge to the supporting signatures where it properly interpreted 25 P.S. §2868, as amended by Act 77., as imposing a mandatory duty on a signer of a nominating petition to add the address where he is duly registered and enrolled. The high court affirmed.

  • Gussom v. Teagle

    Publication Date: 2021-04-12
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0393

    Plaintiff's failure, in response to defendant's preliminary objection, to present evidence of good faith effort to timely serve process within the time required by the rules or within the statute of limitations, gave the trial court grounds to dismiss the complaint, Order of the superior court affirmed.

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  • Commonwealth v. Shaw

    Publication Date: 2021-04-12
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0389

    The superior court did not err in finding that defendant was entitled to redress concerning a claim of ineffective assistance of appellate post-conviction counsel, even though raised for the first time on appeal, as the waiver doctrine did not apply under the unique circumstances at bar. The high court reversed on other grounds and remanded for further proceedings.

  • Linkosky v. Bureau of Driver Licensing

    Publication Date: 2021-04-12
    Practice Area: Administrative Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0404

    Lower courts erred in holding that §1513 of the vehicle code exclusively governed appellee's request for a duplicate camera card and precluded department from checking the national driver register and denying appellee's request because his operating privileges had been suspended in another state. Reversed.

  • Always Busy Consulting, LLC v. Babford & Co., Inc.

    Publication Date: 2021-04-05
    Practice Area: Civil Appeals
    Industry: Consulting
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0356

    The superior court erred in finding that Commonwealth v. Walker required quashal in this case, where a notice of appeal from an order in consolidated civil cases was filed at the lead docket number, the cases involved the same parties and issues, and the lead docket contained all the court filings and information necessary to decide the appeal. The high court reversed.

  • Commonwealth v. Chesapeake Energy Corp.

    Publication Date: 2021-04-05
    Practice Area: Consumer Protection
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0357

    The commonwealth could not bring claims under the state's Unfair Trade Practices and Consumer Protection Law on behalf of private landowners against a natural gas production company for its alleged deceptive, misleading and unfair practices in obtaining natural gas leases as the company was not conducting trade or commerce for the purposes of the law. The high court affirmed in part and reversed in part.

  • Commonwealth v. H.D.

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0361

    Person accused of interference with custody of children only needed honest belief, rather than a reasonable belief, to invoke statutory necessity defense to the charge. Order of the superior court affirmed.