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  • Commonwealth v. Towles

    Publication Date: 2023-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    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.

  • McLaughlin v. Nahata

    Publication Date: 2023-08-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    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

  • Commonwealth v. Rivera

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Alpini v. Workers' Comp. Appeal Bd.

    Publication Date: 2023-06-12
    Practice Area: Labor Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    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.

  • 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.

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  • 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.

  • In re: Private Complaint filed by Ajaj

    Publication Date: 2023-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Commonwealth v. Coleman

    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.

  • Goodwin v. Goodwin

    Publication Date: 2022-09-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1002

    Superior court properly found that life insurance proceeds and an IRA wife received on her child's death during her marriage to husband were "gifts" under §3501(a)(3) of the divorce code and were not marital property. Affirmed.

  • Commonwealth v. Thorne

    Publication Date: 2022-07-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0752

    The superior court erred in holding that defendant's constitutional challenges to the lifetime registration requirements of the Sex Offender Registration and Notification Act were waived because he only raised them for the first time on appeal. The high court reversed in part and remanded.