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  • Commonwealth v. Mason

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0364

    In-home nanny did not have justifiable expectation of not being recorded or having communications intercepted while in the home or children's bedroom of their employer. Order of the superior court reversed, case remanded.

  • In re Adoption of K.M.G.

    Publication Date: 2020-11-23
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1283

    Superior court properly held that appellate court should engage in limited sua sponte review where a GAL/counsel was appointed to represent both a child's legal and best interests to determine whether orphans' court determined those interests did not conflict. Affirmed.

  • Hammons v. Ethicon, Inc.

    Publication Date: 2020-11-02
    Practice Area: Mass Torts
    Industry: Health Care | Manufacturing
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1189

    Superior court properly found specific jurisdiction was proper, in plaintiff's action over injuries from a medical device manufactured from mesh woven in Pennsylvania, based on defendant's involvement in the manufacturing of the mesh in Pennsylvania. Affirmed.

  • Commonwealth v. Hill

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1104

    Trial court could not impose mandatory sentence for second conviction of DUI-general impairment arising from same criminal incident as a first conviction, as a second sentence for the same criminal act would violate the Double Jeopardy Clause. Judgment of sentence vacated.

  • Fouse v. Saratoga Partners, L.P.

    Publication Date: 2020-10-12
    Practice Area: Tax
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1102

    Distinction in redemption rights between MCTLA and RETSL did not violate equal protection principles where the right of redemption was a statutory rather than fundamental constitutional right and where taxpayers still had some right of redemption under RETSL and the lack of a post-sale redemption served the legitimate government interest of maximizing tax collection by facilitating higher bids at an upset tax sale. Order of the commonwealth court affirmed.

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  • Pennsylvania Democratic Party v. Boockvar

    Publication Date: 2020-09-28
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1056

    Implementation of mail-in ballot drop boxes and extension of the received-by date for mailed ballots is permissible under the Election Code and warranted under the present circumstances of the upcoming election. Petition for relief granted in part and denied in part.

  • Commonwealth v. Bagnall

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0960

    The superior court erred in rejecting defendant's Brady violation claim where the prosecution violated defendant's due process rights by failing to disclose a cooperation agreement with a key witness and the Pennsylvania Office of Attorney General, which prosecuted the case, was imputed with knowledge of the agreement. The high court reversed and remanded for a new trial.

  • Commonwealth v. Montgomery

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0845

    The superior court erred in holding that a handgun partially tucked into defendant's waistband, leaving the weapon's handle visible, was "concealed" as a matter of law for purposes of §6106 of the Uniform Firearm's Act, which prohibits carrying a concealed firearm without a license; however, the totality of the circumstances established sufficient evidence to demonstrate a prima facie case of concealment. The high court affirmed.

  • Commonwealth v. Coleman

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0543

    The lower courts erred in dismissing defendant's ineffective assistance of counsel claim, which rested on the uncontested admission of hearsay testimony, where the hearsay was offered for another purpose, not the truth asserted therein, but the trial court offered no corresponding limiting instruction. Affirmed in part, reversed in part and remanded.

  • A Special Touch v. Commonwealth

    Publication Date: 2020-05-04
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0460

    Commonwealth court erred in reversing Department of Labor and Industry's determination that nail salon personnel were not "customarily engaged" in an independently established business or trade for the purposes of subsection (4)(l)(2)(B) because "customarily engaged" required an individual actually be involved, as opposed to merely having the ability to be involved, in an independently established trade or business. Reversed.