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  • A Special Touch v. Commonwealth

    Publication Date: 2020-05-04
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0460

    Commonwealth court erred in reversing Department of Labor and Industry's determination that nail salon personnel were not "customarily engaged" in an independently established business or trade for the purposes of subsection (4)(l)(2)(B) because "customarily engaged" required an individual actually be involved, as opposed to merely having the ability to be involved, in an independently established trade or business. Reversed.

  • Commonwealth v. Tedford

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0456

    PCRA petition based on failure to disclose entire investigatory denied where petition was not field within 60 days of the police's disclosure of the existence of additional investigatory materials. Order of the PCRA court affirmed.

  • Commonwealth v. Britton

    Publication Date: 2020-05-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0450

    The lower courts correctly determined that California law enforcement officers were not acting as agents of the Pennsylvania State Police when they interviewed defendant in her California home, as Pennsylvania authorities did not exercise any control over the manner in which the California detectives conducted the interview. The high court affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0452

    The high court considered the limited issue of whether defendant's operation of a motor vehicle with an expired registration sticker, standing alone, amounted to a breach of the peace and concluded that it did not. The high court vacated and remanded.

  • Erie Ins. Exch. v. Moore

    Publication Date: 2020-05-04
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0459

    Superior court properly found insurer had a duty to defend in action filed against decedent's estate by boyfriend of decedent's former spouse who was shot by decedent while struggling for a gun during decedent's murder-suicide of former spouse and himself because allegations in the complaint that decedent "negligently, carelessly and recklessly caused the weapon to be fired" presented a factual scenario that fell with the definition of a covered "occurrence." Affirmed.

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Friends of Danny DeVito v. Wolf

    Publication Date: 2020-04-27
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0430

    Governor had authority under Emergency Code and police powers to order closure of non-essential businesses to prevent spread of highly transmissible and potentially fatal virus. Petition denied.

  • Commonwealth v. Diaz

    Publication Date: 2020-04-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0385

    Where the absence of a needed interpreter at a critical stage of defendant's trial obstructed his ability to communicate with counsel, the U.S. Supreme Court's holding in U.S. v. Cronic applied such that defendant did not need to prove he was prejudiced by a sixth amendment violation to secure a new trial. The high court affirmed.

  • Commonwealth v. Housman

    Publication Date: 2020-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0359

    PCRA court properly granted new penalty trial where trial counsel was ineffective for failing to obtain and investigate other mental health evidence and witnesses that could have led the jury to find other mitigating factors and decline to impose the death penalty. Order of the PCRA court affirmed.

  • Mallory v. Wells Fargo Bank, N.A.

    Publication Date: 2020-04-06
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Mariani
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0368

    Defendant moved to consolidate two civil actions between the parties that involved a stipulation and court consolidated the actions because they had common questions of law and fact, consolidation would not cause prejudice or inconvenience to either party and it would avoid duplicative litigation. Motion granted.

  • Rohland v. Wakefield

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0369

    Commonwealth court properly found department could make Act 84 deductions for restitution from inmate's account even though his sentence for that offense had ended where he remained incarcerated on other charges. Affirmed.