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  • Uniontown Newspapers, Inc. v. Pennsylvania Dep't of Corr.

    Publication Date: 2021-01-11
    Practice Area: Public Records
    Industry: State and Local Government | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0006

    Agency was subject to sanctions and fee shifting where open records officer simply relied on custodian's search efforts without documenting that reliance or otherwise conducting an independent search for records responsive to a Right to Know Law request.

  • Woodford v. Commonwealth

    Publication Date: 2021-01-11
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0013

    Commonwealth court and commissioner of insurance did not err in holding that §310.74(a) of the insurance department act did not authorize appellants to charge a non-refundable fee to their customers seeking to purchase personal motor vehicle insurance. Affirmed.

  • Commonwealth v. Lehman

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0007

    The superior court properly held that costs of resentencing defendants could not be recovered from them by the district attorney where their resentencing became necessary when their original sentences were vacated upon a subsequent judicial determination that the sentences were unconstitutional. The state's high court affirmed.

  • Clark v. Stover

    Publication Date: 2021-01-04
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1436

    In this professional liability action grounded on alleged attorney malpractice, the state's high court denied plaintiffs' request to adopt the continuous representation rule to toll pertinent statutes of limitations, reasoning that statutes of limitations are legislative in nature. The high court affirmed the decision below.

  • Bourgeois v. Snow Time, Inc.

    Publication Date: 2020-12-21
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1373

    Trial court erred in granting summary judgment to defendants without addressing plaintiffs' liability expert reports, which were sufficient to raise a genuine issue of material fact. Judgment of the superior court reversed, case remanded.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • McMichael v. McMichael

    Publication Date: 2020-12-07
    Practice Area: Wrongful Death
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1328

    Jury erred in awarding no non-economic damages to surviving spouse who testified as to the duration and quality of her marriage with decedent. Order of the superior court affirmed in part and reversed in part, case remanded.

  • In re: Canvass of Absentee and Mail-In Ballots of November 3, 2020 Gen. Election

    Publication Date: 2020-12-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1320

    Voter's failure to include handwritten name, address, and date on declaration on mail-in ballot envelope constituted minor irregularity that did not require disqualifying an otherwise validly-cast ballot. Order of the trial court affirmed; decision of the commonwealth court reversed.

  • Commonwealth v. Knight

    Publication Date: 2020-11-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1292

    Capital crime defendant not entitled to Atkins instruction during penalty phase where defendant failed to present evidence that met the criteria for intellectual disability under Atkins case law. Judgment of sentence of death affirmed.

  • In re: Canvassing Observation

    Publication Date: 2020-11-30
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1286

    The trial court properly denied appellee Donald J. Trump, Inc. more proximate access to canvassing activities being carried out by the Philadelphia County Board of Elections as the Board fully complied with the Election Code, which grants an opportunity to broadly observe canvassing process but does not set a minimum distance between authorized representatives and such activities. The high court reversed the commonwealth court.

  • Mader v. Duquesne Light Co.

    Publication Date: 2020-11-30
    Practice Area: Damages
    Industry: Construction | Energy
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1297

    Superior court properly held trial court abused its discretion in granting a new trial as to all of appellant's damages in action over his injuries from an accidental electrocution and court found there was no per se rule with respect to the types of damages to be considered at a new trial and it was within the discretion of a trial court to award a new trial on all damages or only on certain damages. Affirmed.