• Commonwealth v. McClelland

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0815

    Trial court violated defendant's rights in finding prima facie case for criminal charges when commonwealth relied solely upon hearsay evidence at preliminary hearing. Order of the superior court reversed.

  • Renner v. Court of Common Pleas of Lehigh County

    Publication Date: 2020-08-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0822

    Commonwealth court properly found that CCP was immune from suit in appellant's discrimination and retaliation action under the PHRA and court found application of the PHRA to the judiciary and its employees infringed on the court's ability to administer the courts, promulgate rules and policies and supervise its employees and violated the separation of powers. Affirmed.

  • Benyo v. Breidenbach

    Publication Date: 2020-08-03
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0811

    The superior court properly held that anti-alienation provisions governing municipal pensions found in various statutes protected assets from attachment and other legal process only while those assets remained in the possession of the pension fund administrator. The high court affirmed and remanded for further proceedings.

  • Commonwealth v. Lacombe

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0814

    Subchapter I of Sex Offender Registration and Notification Act did not constitute a punitive law given the compelling government interest of public safety in providing citizens with information about sex offenders in their neighborhoods, where the punitive effects were not excessive in relation to those public safety goals, such that the retroactive effect of Subchapter I did not constitute an ex post facto violation. Orders of the trial court reversed.

  • Temple v. Providence Care Ctr., LLC

    Publication Date: 2020-08-03
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0825

    Superior court erred in finding that trial court invoked its sua sponte authority to declare a new trial because trial court granted a new trial based on defendant nursing home facility's unpreserved motions for a mistrial, which was legal error. Reversed.

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  • Commonwealth v. Hamlett

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0809

    The high court refused to bar Pennsylvania appellate courts from exercising their discretion to apply the harmless-error doctrine when deemed warranted in criminal cases where advocacy from the commonwealth on the issue is lacking. The high court affirmed defendant's judgment of sentence.

  • Wolf v. Scarnati

    Publication Date: 2020-07-13
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0734

    Court found general assembly's attempt to overturn governor's proclamation of disaster emergency via a concurrent resolution without presentment to the governor violated §7301(c) of the emergency services management code because §7301(c)'s provision allowing the general assembly to terminate a state of disaster emergency by concurrent resolution required presentment of that resolution to the governor. Resolution was a legal nullity.

  • Easton Area Sch. Dist. v. Miller

    Publication Date: 2020-06-29
    Practice Area: Public Records
    Industry: Education
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0676

    School bus surveillance video constituted public record subject to disclosure under the Right-to-Know Law where no evidence that disclosure would lead to loss of federal funding for school district pursuant to FERPA. Order of the commonwealth affirmed, case remanded with instructions.

  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.

  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.