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  • 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.

  • Commonwealth v. Rollins

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 70 MAP 2022

    Appellant appealed his sentence, contending the vehicle code provision that he violated was unconstitutionally vague for failing to specify a maximum term of imprisonment. The court affirmed the Superior Court's order affirming appellant's judgment of sentence.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Shrom v. Pennsylvania Underground Storage Tank Indemnification Bd.

    Publication Date: 2023-05-08
    Practice Area: Environmental Law
    Industry: Energy | Retail | State and Local Government
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 MAP 2022

    Commonwealth court correctly reversed board's decision that plaintiffs were ineligible for payments from the Underground Storage Tank Indemnification Fund because §706(3) of the Storage Tank And Spill Prevention Act required the USTs to be registered and the §503 registration fees to have been paid at any time prior to the fund's eligibility decision and appellees paid the fees prior to that decision. Affirmed.

  • County of Fulton v. Sec'y of the Commonwealth

    Publication Date: 2023-05-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3 MAP 2022

    Court sanctioned county and its counsel for willful violations of protective order prohibiting third-party inspections of voting machines that had been decertified by the secretary of the commonwealth. Respondent's application for contempt and sanctions granted.

  • Franks v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2023-05-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 42 MAP 2022

    Appellants appealed the Superior Court's decision affirming the trial court's determination that they were not entitled to stacked underinsured motorist coverage after they removed a vehicle from their multi-vehicle insurance policy without executing a new stacked coverage waiver. The court affirmed.

  • Commonwealth v. Perrin

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 EAP 2022

    Parties' joint stipulation affirming witness's credibility in motion for new trial was not valid or enforceable where trial court possessed sole discretion regarding credibility determinations. Order of the superior court affirmed.

  • Commonwealth v. Green

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 WAP 2022

    Juvenile Code imposed strict deadline for trial court's ruling on juvenile's decertification petition, with no legislative text indicating a basis to adopt good cause exceptions to the deadline, such that the trial court's untimely order was a legal nullity and defendant's petition was denied by operation of law. Order of the superior court affirmed.