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Publication Date: 2018-02-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
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for defendant:
Case Number: 18-0106
Brady violation claim dismissed where trial counsel obtained and utilized evidence of commonwealth witnesses legal troubles and subsequent favorable treatment following their cooperation as means to impeach their testimony, since additional impeachment evidence would merely have been cumulative. Order of the PCRA court affirmed.
Publication Date: 2018-01-23
Practice Area: Contracts | Fee Disputes
Industry: Investments and Investment Advisory | Legal Services
Court: Supreme Court
Judge: Justice Saylor
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for defendant:
Case Number: 18-0073
Superior court erred in upholding the lower courts decision on the unenforceability of appellant non-attorneys fee splitting agreement with appellee attorneys because the action was not per se barred by the violation of rule 5.4 of the rules of professional responsibility since the conduct rules ought not be interposed into substantive law. Reversed.
Publication Date: 2018-01-23
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 18-0065
Individual acting as grantor and grantee never delivered deed where he failed to record and subsequently alienated interests in the property in contravention of the deed. Order of the superior court reversed.
Publication Date: 2018-01-16
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0027
Superior Court erred in affirming the Orphans Courts decree that under 20 Pa. C.S. §7710.2, decedents inter vivos trust had to be considered part of the pretermitted spousal share because nothing in the text of §7710.2 or the commentary thereto expressed any specific legislative intent to change the pre-2006 framework for providing for pretermitted spouses and the language in §7710.2 was consistent with prior precedent. Reversed.
Publication Date: 2018-01-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 18-0016
The trial court properly granted defendant a new trial where the commonwealth failed to disclose five police reports which suggested that the commonwealths key witness sought to curry favor with police regarding his own criminal conduct by testifying against defendant. The high court affirmed an order granting defendant a new trial.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.
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Publication Date: 2018-01-16
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0029
Commonwealth court correctly refused to apply collateral estoppel when appellant argued that consumer services investigative report, issued in response to his appeal of the nonrenewal of his insurance policy, barred insurer from relitigating whether it violated Act 205 in cancelling his insurance because the regulations which implemented Act 205 determined that the matter was not finally adjudicated on its merits until the commissioner entered an order. Affirmed.
Publication Date: 2018-01-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1914
Under the presumption set forth at 42 Pa.C.S.§6801(a)(6)(ii) of the Controlled Substances Forfeiture Act, proof of proximity of cash and controlled substances is sufficient to establish the substantial nexus necessary for forfeiture; however, the intermediate court erred in finding that the acts innocent owner defense was claimants only method for rebutting that presumption. The high court affirmed in part and reversed in part
Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1845
The high court concluded that an individual in defendants position, i.e., stopped in a car on the side of the road with a police car pulled up alongside her with emergency lights on, was subjected to an investigatory detention without reasonable suspicion of criminal activity, and that the public servant exception under the community caretaking doctrine did not otherwise justify the warrantless seizure. The court reversed and remanded.
Publication Date: 2017-12-26
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1855
Trial court erred in holding that 75 Pa. C.S. §1611(e) violated appellees substantive due process rights under the Pennsylvania constitu-tion and correctly found that the revocation of appellees CDL constituted punishment but the case was remanded because the record was insufficiently developed to determine whether §1611(e)s application to appellee was grossly disproportionate to his crime. Reversed in part, vacated in part and remanded.
Publication Date: 2017-12-19
Practice Area: Administrative Law | Regulation
Industry: Health Care
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1792
State Board of Nursing retained discretion, upon consideration of regulatory factors, to reinstate a license automatically suspended pursuant to a felony drug conviction, where the 10-year waiting period for felony conviction was intended only to apply to initial issuances or issuances following revocation. Order of the commonwealth court affirmed.
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