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Publication Date: 2019-08-05
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0901
The lower court addressing defendant's petition for relief under the Post Conviction Relief Act did not abuse its discretion by prohibiting the commonwealth from privately interviewing defendant's trial counsel, who refused to communicate with PCRA counsel, before an evidentiary hearing on defendant's ineffectiveness claim. The high court affirmed.
Publication Date: 2019-08-05
Practice Area: Tax
Industry: Cargo and Shipping | Transportation
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0912
Commonwealth court erred in finding that money appellant collected and passed on to freight carriers for their fees was not excluded from taxation under the city's business privilege and mercantile tax because the BPT regulation's "freight delivery exclusion" applied. Reversed.
Publication Date: 2019-07-29
Practice Area: Regulation
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0880
Pittsburgh could pass a paid sick days ordinance despite the business exclusion under Home Rule Charter where granting paid sick leave bore a nexus to public health and thus fell within city's police powers under the Disease Prevention and Control Law. Order of the commonwealth court affirmed in part and reversed and remanded in part.
Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0877
Commonwealth court erred in substituting its interpretation of the parties' collective bargaining agreement for that of an arbitrator's interpretation where the essence test under the Public Employees Relations Act required the courts to defer to the arbitrator's findings of fact, which demonstrated that the arbitrator's interpretation was rationally derived from the CBA. Order of the commonwealth court reversed.
Publication Date: 2019-07-29
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0868
Defendant was not entitled to relief on appeal based on his ineffective assistance of counsel claim where he failed to establish by a preponderance of the evidence that there was a reasonable probability that the outcome of the criminal proceedings would have been different had an alibi instruction been given to the jury. The high court denied defendant relief on appeal.
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Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0874
The Borough Code and the Tenure Act were to be read in pari materia such that borough police forces would be governed by either statute and membership of an officer in such police force would be governed under the same standards for both statutes. Matter returned.
Publication Date: 2019-07-08
Practice Area: Medical Malpractice
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0740
Evidence of risks and complications of surgery was admissible in medical negligence claim to establish the applicable standard of care and show that a physician's conduct complied with the standard. Order of the superior court reversed.
Publication Date: 2019-07-08
Practice Area: Wrongful Death
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0741
Superior court correctly held that wrongful death claim brought by the heir of a decedent who died participating in a triathlon failed because decedent's express assumption, of the risks inherent in the event, eliminated appellee triathlon organizer's duty of care and made its conduct non-tortious as a matter of law. Affirmed.
Publication Date: 2019-07-08
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0771
Divorcing spouse was not required to seek benefits from deceased spouse under divorce code where deceased spouse had not filed valid affidavit of consent and therefore grounds for divorce had not yet been established. Order of the superior court affirmed.
Publication Date: 2019-07-01
Practice Area: Civil Procedure
Industry: Health Care | Legal Services
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0739
The high court concluded that remand was necessary for application of a newly articulated work product waiver analysis providing that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner that significantly increases the likelihood that an adversary/anticipated adversary will obtain such disclosure. The high court affirmed in part, reversed in part and remanded.
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