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Publication Date: 2019-06-17
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donahue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0692
The lower court erred in granting defendant state trooper judgment notwithstanding the verdict in favor of plaintiff as there was sufficient competent evidence upon which the jury could have found that defendant acted outside the scope of his employment during his encounter with the plaintiff motorist, who alleged she was assaulted and battered. The high court reversed and remanded.
Publication Date: 2019-06-17
Practice Area: Land Use and Planning
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0702
Municipality, in reviewing natural gas well conditional use application, could consider testimony from residents of another municipality concerning the effects of a similar natural gas well operated by the same applicant. Order of the commonwealth court vacated, case remanded.
Publication Date: 2019-05-20
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0583
The superior court did not err in affirming separate consecutive second strike mandatory minimum sentences for each conspiracy conviction and underlying crime conviction since under 42 Pa.C.S. §9714, a second-strike offender such as defendant is to receive separate mandatory minimum sentences for a conspiracy conviction and underlying offense conviction when both are listed as "crimes of violence." The high court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-20
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0573
Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.
Publication Date: 2019-05-13
Practice Area: Family Law
Industry: Health Care
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0561
Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.
Law Journal Press | Digital Book
Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn
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Publication Date: 2019-05-13
Practice Area: Transportation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0556
Equal assessment of regulatory costs of taxicab oversight on medallion and partial rights taxicabs did not constitute deprivation of substantive due process where it furthered legitimate governmental objective of ensuring safety of taxicab industry. Order of the commonwealth court reversed, case remanded.
Publication Date: 2019-05-13
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0530
While the victim impact evidence admitted by the trial court in this case may have been unnecessarily extensive, defendant failed to establish that he was prejudiced by the admission of such evidence where the jury found several aggravating circumstances but no mitigating factors. The high court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0553
Compulsory joinder statute required dismissal of misdemeanor DUI charges before municipal court when defendant was previously convicted by the traffic division of the municipal court of a summary traffic offense arising from the same incident. Order of the superior court reversed, order of the trial court reinstated.
Publication Date: 2019-05-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0549
The superior court erred in holding that the trial court's failure to address the factors set forth in Miller v. Alabama on record was moot, as a court sentencing a juvenile for a crime for which life without parole is an available sentence must review on record the Miller factors, regardless of whether the defendant is ultimately sentenced to life without parole. The high court vacated defendant's judgment of sentence and remanded.
Publication Date: 2019-05-13
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0562
Casinos challenged the constitutionality of provisions of the gaming act creating the casino marketing and capital development account and the court found the provisions violated the fourteenth amendment and severed them from the act. Provisions severed and refund ordered.
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