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  • Commonwealth v. Cochran

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0091

    Defendant had no basis to challenge the sentencing court's jurisdiction under 18 Pa.C.S. §1106(c)(2) where he sought and secured a hearing on restitution to take place after the incarceration portion of his sentence and that hearing resulted in a final order months after the order imposing the incarceration portion of his sentence. The high court reversed an order vacating defendant's judgment of sentence and remanding for resentencing.

  • Commonwealth v. Montalvo

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0097

    Trial judge's misspeaking during jury instructions which misstated the commonwealth's burden of proof constituted a fundamental error that could only be remedied following the jury's verdict with the grant of a new guilt-phase trial. Order of the PCRA court affirmed.

  • Commonwealth v. Middaugh

    Publication Date: 2021-02-01
    Practice Area: Administrative Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0109

    Commonwealth court properly found PennDOT was precluded from suspending appellee's driving privileges based on a DUI conviction, where there was a lengthy delay between conviction and when the driver was notified of the suspension, on due process grounds. Affirmed.

  • Lamar Advantage GP Co., LLC v. City of Pittsburgh Zoning Bd. of Adjustment

    Publication Date: 2021-02-01
    Practice Area: Administrative Law
    Industry: Advertising | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0100

    Lower courts properly upheld changes to billboard sign where owner had an existing legal, non-conforming use and had not sought to change the structure of the billboard, which would require new approvals and permits. Order of the commonwealth court affirmed.

  • Raynor v. D'Annunzio

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0065

    Dragonetti Act claim could not be brought for post-trial motion for contempt and sanctions as it did not qualify as a "civil proceeding." Order of the superior court reversed, case remanded.

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    Lackawanna/Luzerne County Court Rules 2023

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  • In re: Passarelli Family Trust

    Publication Date: 2021-01-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0064

    Voiding of irrevocable trust by settlor for fraudulent inducement had to be based on common law fraud standard. Order of the superior court affirmed.

  • Commonwealth v. Alexander

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0030

    In a decision reversing Commonwealth v. Gary, a majority of the state's high court held that Article I, §8 of the Pennsylvania Constitution affords greater protection to state citizens than the Fourth Amendment of the U.S. Constitution and reaffirmed that the state constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of a vehicle. The high court reversed and remanded.

  • Graham v. Check

    Publication Date: 2021-01-18
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0035

    Trial court erred in issuing sudden emergency doctrine instruction to the jury where pedestrian's entrance into the intersection with the signal in their favor and proceeding across the intersection at a normal pace meant the driver's failure to observe the pedestrian until it was too late to safely stop meant that any emergency was self-created by the motorist. Order of the superior court reversed, case remanded.

  • Leight v. Univ. of Pittsburgh Physicians

    Publication Date: 2021-01-18
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0039

    Voluntary outpatient physicians' mere discussion or consideration of involuntary commitment for psychiatric treatment was insufficient to establish liability for physicians under the Mental Health Procedures Act. Order of the superior court affirmed.

  • Commonwealth v. Peck

    Publication Date: 2021-01-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0005

    Drug-delivery-resulting-in-death statute was not violated where delivery of drugs occurred outside of Pennsylvania, since violation of Drug Act, which only proscribed conduct within Pennsylvania, was an element of DDRD statute. Judgment of conviction vacated.