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  • Commonwealth v. Butler

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0364

    Sexually Violent Predator designation requirements under Sex Offender Registration and Notification Act did not constitute criminal punishment, such that statutory factfinding requirements did not violate constitutional principles under Apprendi and Alleyne. Order of the superior court reversed.

  • Assoc. of Pa. State Coll. & Univ. Faculties v. Pa. Labor Relations Bd.

    Publication Date: 2020-04-06
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0360

    Since the impact of the Pennsylvania State System of Higher Education's protection of minors policy, requiring faculty members to submit to criminal background checks, on faculty employment conditions did not outweigh the State System's interest in protecting minors on campus, the State System was not required to bargain over this inherently managerial policy. The high court reversed the commonwealth court.

  • Commonwealth v. Housman

    Publication Date: 2020-04-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0359

    Defendant was properly granted a new trial in the penalty phase of this capital case where trial counsel's performance during the penalty phase of his trial resulted from inattention to the mitigation evidence that was readily available to him. The high court affirmed.

  • Office of Disciplinary Counsel v. Baldwin

    Publication Date: 2020-03-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Education | Legal Services
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0237

    Court agreed with disciplinary board that respondent attorney violated rules of professional conduct 1.1, 1.6(a), 1.7(a) and 8.4(d) but imposed public reprimand rather than public censure board recommended. Discipline imposed.

  • In re Nomination Papers of Cohen

    Publication Date: 2020-03-02
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0239

    Commonwealth court erred in upholding trial court's ruling setting aside candidate's nomination papers for general election because candidate sought court intervention under §978.4 of the election code to withdraw her nomination petitions for the Democratic primary and court found no principled reason to distinguish between the voluntariness of withdrawal under §914 or §978.4 and ordered candidate's name placed on the general election ballot. Reversed.

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    North Texas Bench Book 2024

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  • Roverano v. John Crane, Inc.

    Publication Date: 2020-03-02
    Practice Area: Toxic Torts
    Industry: Chemicals and Materials | Construction | Energy
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0229

    The Fair Share Act did not permit the factfinder in a strict liability asbestos action to apportion fault on a percentage basis among liable defendants, only on a per capita basis. Order of the superior court affirmed in part and reversed in part.

  • Young v. Bd. of Probation & Parole

    Publication Date: 2020-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0236

    Commonwealth court properly held that board lacked the authority to reverse a previous award of street time granted pursuant to 61 Pa.C.S. 6138(a)(2.1). Affirmed.

  • Commonwealth of Pennsylvania v. Tighe

    Publication Date: 2020-03-02
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0225

    In an opinion announcing the judgment of the court, the high court held that the trial court did not violate defendant's constitutional right to self-representation when, during his criminal trial on charges of sexual assault against a minor, the court prohibited the pro se defendant from personally cross-examining the victim. The high court affirmed the superior court's decision.

  • Dean v. Bowling Green-Brandywine

    Publication Date: 2020-03-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0230

    Trial court erred in nonsuiting negligence case pursuant to Mental Health Procedures Act qualified immunity where decedent voluntarily sought treatment for drug dependence, which was expressly excluded from definition of mental health treatment. Order of the superior court reversed, case remanded.

  • In the Interest of: N.B.-A.

    Publication Date: 2020-02-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0134

    Finding of child abuse unsupported where there was no evidence that parent knew or should have known child had been sexually abused or that stepsibling who perpetrated the abuse was a risk to the child. Order of the superior court reversed.