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Publication Date: 2024-10-25
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 800 CAP
Court vacated PCRA court's determination where it made a cursory analysis of whether petitioner met the newly discovered facts exception to the PCRA time bar. Order of the PCRA court vacated, case remanded.
Publication Date: 2024-10-11
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 11 WAP 2023
Insured was not entitled to business income or extra expense losses resulting from partial shutdowns in response to government orders during COVID pandemic as policies required physical alteration of the property. Order of the superior court reversed, case remanded.
Publication Date: 2024-08-02
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 28 WAP 2022
Local residents appealed the Commonwealth Court's decision holding that a zoning hearing board erred as a matter of law by concluding that plaintiff property owner's proposed development was not a use permitted by right in a particular zoning district of defendant borough. The court affirmed, holding that under defendant's zoning ordinance and the Municipalities Planning Code, defendant's zoning officer had authority to issue a zoning "use" permit that simply recognized that an applicant's proposed use was allowed by right in a partic
Publication Date: 2024-08-02
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 23 EAP 2023
Appellant challenged the Superior Court's decision that he had forfeited his right to appeal the admissibility of prior conviction evidence at trial after he preemptively introduced the evidence himself. The court reversed and remanded with instructions, holding that a defendant who was unsuccessful in excluding prior conviction evidence via a motion in limine at trial may challenge the trial court's admissibility ruling on appeal after preemptively introducing that evidence at trial.
Publication Date: 2024-05-10
Practice Area: Public Utilities
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 107 MAP 2022
Public Utility Commission regulations concerning the placement of gas meters in historic districts did not constitute unconstitutional delegation of legislative/regulatory authority to public utilities where the legislature had never passed a law mandating the placement of meters, which had traditionally been left to the discretion of the utilities. Order of the commonwealth court reversed, case remanded.
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Publication Date: 2024-04-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 41 WAP 2022
Parolee residing in community correctional facility as a condition of parole was "committed to" the facility and thus qualified as an "inmate" under the second-degree drug possession statute. Order of the superior court reversed.
Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 6 EAP 2023
Post Conviction Relief Act courts should stay rather than dismiss timely petitions filed during the pendency of a facially untimely direct appeal pending resolution of the timeliness of the direct appeal, as such resolution was necessary to determine whether the PCRA court had jurisdiction. Order of the superior court reversed, case remanded.
Publication Date: 2024-03-15
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 7 EAP 2022
Although an at-will employee could assert a tortious interference with business relations claim against third party, a supervisor acting within the scope of their employment did not qualify as a third party. Judgment of the superior court affirmed.
Publication Date: 2024-03-08
Practice Area: Contractual Disputes
Industry: Consulting | E-Commerce | Recruitment and Staffing
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 74 MAP 2022
Superior court erred in denying attorney fees in appellant's action over a non-compete agreement and erred insofar as it imposed an absolute bar on the award of damages after the non-compete period expired but appellant did not establish at trial that it suffered lost-profit damages extending beyond the non-compete period. Reversed in part and affirmed in part.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 18 MAP 2023
Commonwealth court properly found college's project fell outside the purview of the Prevailing Wage Act and it was not "paid for in whole or in part out of the funds of a public body" by virtue of authority's role in providing conduit financing for the project under the circumstances in this case. Affirmed.
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