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Publication Date: 2019-09-02
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1009
The trial court erred in finding that defendant violated his probation by posting certain photographs of guns, drugs and cash on social media since the court was required to find that defendant violated a specific condition of probation or committed a new crime to be found in violation under 42 Pa.C.S. §9771. The high court reversed and remanded.
Publication Date: 2019-08-05
Practice Area: Regulation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
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for defendant:
Case Number: 19-0910
PSP was required to establish the interstate or foreign commerce element in 18 U.S.C. §922(g) to establish that a firearm owner was disqualified from the return of his or her firearm pursuant that federal statute. Order of the commonwealth court affirmed.
Publication Date: 2019-08-05
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
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Case Number: 19-0916
Commonwealth court correctly held that the 2008 zoning ordinance governed developer's 2015 zoning application because the protection of pending land development plans in 53 P.S. §10508(4)(i) extended to decisions on requested zoning relief needed for purposes of land development plan approval. Affirmed.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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for defendant:
Case Number: 19-0904
Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.
Publication Date: 2019-08-05
Practice Area: Litigation
Industry: Health Care | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0903
The intermediate appellate court erred in reversing a trial court order denying defendants in this defamation lawsuit judgment notwithstanding the verdict as the court did not review the record in the light most favorable to plaintiff, as verdict winner. The high court reversed and remanded.
Law Journal Press | Digital Book
Authors: William T. Lifland
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Publication Date: 2019-08-05
Practice Area: Contracts
Industry: Automotive
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
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Case Number: 19-0907
Board of Vehicles Act did not give dealers a statutory right to participate in manufacturer's contractual labor reimbursement schedule when dealers elected to use their statutory part reimbursement rights over contractual provision upon which the contractual labor reimbursement schedule was conditioned. Order of the commonwealth court affirmed in part and reversed in part.
Publication Date: 2019-08-05
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
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Case Number: 19-0906
Because the Municipalities Planning Code did not expressly establish that zoning officers were required to direct the implementation of policy or could exercise independent discretion to implement policy, a municipality could not withdraw the zoning officer from the collective bargaining unit where it failed to present evidence of actual job duties. Order of the commonwealth court reversed.
Publication Date: 2019-08-05
Practice Area: Government
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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for defendant:
Case Number: 19-0908
Supervising judge of statewide investigating grand jury had authority to issue search warrants in any judicial district relating to an investigation of the grand jury, and any motion for return of property seized pursuant to those warrants had to be presented to the supervising judge. Order of the trial court vacated.
Publication Date: 2019-08-05
Practice Area: Real Estate
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0900
In this case of first impression, the high court concluded that petitioners' proposed new use of their parcel for a seasonal cabin did not meet the requisite "strictest necessity" to justify taking a portion of a neighboring property under the Private Road Act where they had adequate access to their property for the existing use. The high court reversed the commonwealth court's ruling.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0899
The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.
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