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Publication Date: 2023-12-11
Practice Area: Administrative Law
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20 MAP 2022
Commonwealth court erred in exercising equitable jurisdiction over contractor's challenge to debarment proceedings where state agency's administrative procedures would afford opportunity for contractor to raise its due process and factual challenges, Order of the commonwealth court reversed and remanded.
Publication Date: 2023-11-06
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 13 MAP 2023
Parents could not immediately appeal trial court order determining that grandparents had standing to pursue partial custody of parents' children where parents' fundamental rights would not be irreparably harmed or lost in the absence of immediate appellate review since appellate courts could review the issue of standing on appeal from a final custody order. Order of the superior court affirmed.
Publication Date: 2023-09-04
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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for defendant:
Case Number: 796 CAP
Defendant appealed the Post Conviction Relief Act court's order dismissing his second petition for post conviction relief as untimely filed and, alternatively, as lacking merit. The court affirmed.
Publication Date: 2023-08-14
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 7 WAP 2022
Lower courts found hospital could seek indemnity and contributions from clinic as the doctors' actual employer but court found if hospital and clinic were determined to be vicariously liable for the negligence of the doctors via principles of ostensible agency under the Medical Care Availability and Reduction of Error Act and respondeat superior, hospital could obtain contribution but not indemnity from clinic because law did not permit a party that was vicariously liable in tort to obtain indemnity from another party that was vicario
Publication Date: 2023-07-10
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 22 MAP 2022
Eliciting testimony regarding defendant's post-arrest silence usually constituted prejudicial error warranting a new trial since defendants could not be penalized for exercising constitutional right to silence. Order of the superior court vacated in part, case remanded for new trial.
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Authors: Gary L. Brown
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Publication Date: 2023-06-12
Practice Area: Labor Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
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Case Number: 2 MAP 2022
Claimant appealed an order of the Commonwealth Court affirming a Workers' Compensation Appeal Board decision that authorized an employer to subrogate its payment of Heart and Lung Act benefits against a claimant's third-party settlement with Dram Shop Act defendants. The court reversed.
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.
Publication Date: 2023-04-03
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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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.
Publication Date: 2023-02-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
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Case Number: 55 MAP 2021
Private criminal complainants could only overturn district attorney's disapproval of complaint by proving that disapproval was made in bad faith, due to fraud, or was unconstitutional. Order of the superior court affirmed.
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19 WAP 2021
The superior court did not err in finding that the mandatory sentencing enhancement set forth in 42 Pa. C.S. §9715(a) applied to a party such as defendant, who killed three people simultaneously while fleeing from police in a motor vehicle and was later convicted of three counts of third-degree murder charged in the same criminal information. The high court affirmed.
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