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  • Commonwealth v. Koger

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 WAP 2022

    Sentencing court was not required to expressly impose specific conditions of parole for a defendant to be found in violation of parole after violating conditions were explained to the defendant by the county parole officer. Order of the superior court reversed in part, case remanded.

  • Commonwealth v. Armolt

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 MAP 2021

    Adult criminal court could exercise jurisdiction over individual 21 or older for crimes they committed as a juvenile, since it would be the only court that could try such individuals. Judgment of sentence affirmed.

  • Commonwealth v. Rosario

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3 WAP 2022

    Commonwealth appealed superior court's ruling that parole board had exclusive jurisdiction over appellee's parole and trial court erred in revoking it and court concluded the clear language of 42 Pa.C.S. §9771 explicitly forbade anticipatory revocation of a probation sentence that had not yet started. Affirmed.

  • S. Bethlehem Assocs., LP v. Zoning Hearing Bd. of Bethlehem Twp., Pennsylvania

    Publication Date: 2023-06-05
    Practice Area: Litigation
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 41 MAP 2022

    Appellant appealed a decision of the Commonwealth Court holding that appellant lacked standing to seek judicial review of a variance decision of a local zoning board. The court affirmed.

  • Budai v. Country Fair, Inc.

    Publication Date: 2023-06-05
    Practice Area: Consumer Protection
    Industry: Retail
    Court: Supreme Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 461 WDA 2022

    Plaintiffs who alleged retailer's technical violations of federal Fair and Accurate Credit Transactions Act without some other personal, substantial, and immediate harm could not establish standing under Pennsylvania law. Order of the trial court reversed, case dismissed.

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  • Brown v. City of Oil City

    Publication Date: 2023-06-05
    Practice Area: Wrongful Death
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6 WAP 2022

    Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.

  • Javitz v. Luzerne County

    Publication Date: 2023-05-29
    Practice Area: Whistleblower Laws
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohoe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 85 MAP 2021

    Commonwealth court erred and misapplied the law when it concluded appellant's evidence in her whistleblower complaint was merely her perception of antagonistic conduct and court found appellant provided evidence of facts supporting an inference of a pattern of post-reporting antagonism that culminated in her discharge. Vacated and remanded.

  • Franczyk v. The Home Depot, Inc.

    Publication Date: 2023-05-15
    Practice Area: Employment Litigation
    Industry: Retail
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11 WAP 2022

    Defendants, an employer and two of its store supervisors, appealed a Superior Court order affirming the trial court's denial of their motion for summary judgment, which asserted the exclusivity provision of the Pennsylvania Workers' Compensation Act. The court reversed.

  • The Marcellus Shale Coal. v. Dep't of Envt'l Prot.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: Energy | Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 69 MAP 2021

    Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.

  • Vellon v. Dep't of Transp.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 39 MAP 2022

    Commonwealth court erred in upholding appellant's sentence on his first DUI where appellant was sentenced to two DUI's on the same day and trial court found both offenses had to be considered prior offenses to each other because subsection 3806(b)(3) made clear that when two or more judgments of sentence were entered on the same day, that timing did not impact the calculation of the sentences as a prior offense at the time of sentencing on the present violation. Reversed.