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  • Commonwealth v. Olson

    Publication Date: 2019-11-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1379

    DUI offender was not entitled to post-conviction relief from sentencing enhancement for refusal to submit to a warrantless blood test where Birchfield was decided after offender's sentence became final and Birchfield did not announce a substantive rule that could retroactively apply on collateral review. Order of the superior court affirmed.

  • Grove v. Port Auth. of Allegheny County

    Publication Date: 2019-11-25
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1381

    Where there was no evidence that negligence per se instruction would have affected the jury's decision, the trial court's omission of the instruction was harmless error where the jury found the plaintiff partially negligent. Order of the commonwealth court reversed, case remanded.

  • Yanakos v. UPMC

    Publication Date: 2019-11-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1388

    Superior court erred in upholding the statute of repose in the MCARE act because it was not substantially related to controlling the costs of malpractice insurance rates and providing actuarial predictability to insurers. Reversed.

  • City of Harrisburg v. Prince

    Publication Date: 2019-11-25
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1377

    The commonwealth court erred in concluding that a donor spreadsheet was not a financial record subject to disclosure, the high court held in a decision noting that while records that would disclose the identity of individual donors are generally exempted from disclosure under the Right to Know Law, public access is statutorily required if those records can be characterized as financial records. The high court remanded for further proceedings.

  • In re: 2014 Allegheny County Investigating Grand Jury

    Publication Date: 2019-11-18
    Practice Area: Discovery
    Industry: State and Local Government | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1349

    In this case of first impression, the high court considered whether either the common law or first amendment confers a qualified right of access to the press to inspect search warrant materials issued in connection with a grand jury investigation and found that no such right exists where the request is made while the grand jury investigation is ongoing. The high court affirmed an order denying access to such materials.

  • Law Journal Press | Digital Book

    New Jersey Law of Personal Injury: With the Model Jury Charges 2025

    Authors: James Hely, Donald A. Digioia

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  • In re Estate of Krasinski

    Publication Date: 2019-11-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1362

    Superior court correctly held that sister waived her right to appeal orphans' court order approving a private sale of land because the order determined an interest in real property under Pa.R.A.P. 342(a)(6) and her failure to timely appeal that order constituted a waiver of all objections under Pa.R.A.P. 342(c). Affirmed.

  • Commonwealth v. Peters

    Publication Date: 2019-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1355

    Concealment of a firearm on another individual's person was insufficient to support a conviction for carrying a concealed firearm without a license. Order of the superior court reversed, case remanded.

  • Bartkowski v. Ramondo

    Publication Date: 2019-11-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1353

    A landowner need only show that constructing alternative access to a parcel was manifestly impracticable to establish an easement by necessity. Order of the superior court reversed.

  • Commonwealth v. Hays

    Publication Date: 2019-11-18
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1354

    Criminal defendant not entitled to retroactive application of new constitutional rule where he or she fails to preserve the issue underlying the rule at all stages of litigation. Order of the superior court affirmed.

  • In Re: Petition of J.M.Y.

    Publication Date: 2019-10-28
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1268

    Lower courts lacked jurisdiction to consider expungement of Section 303 commitment records where applicant failed to timely raise constitutional challenges to commitment. Order of the superior court reversed.