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Publication Date: 2024-11-15
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 26 WAP 2024
Mail ballots not contained in secrecy envelopes were void, thus entitling voters who had failed to comply with the secrecy envelope requirement to have their provisional ballots counted. Order of the commonwealth court affirmed.
Publication Date: 2024-11-08
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 2914 DD3
Disciplinary Board's imposition of discipline, based upon the preparation and presentation of a fee petition in federal court on behalf of respondent's law firm's clients reversed. The court found that Pennsylvania Rules of Professional Conduct 1.5 and 8.4(d) did not apply to these circumstances. The petition for discipline was dismissed.
Publication Date: 2024-11-08
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 31 EAP 2021
Court ruled that co-defendant's statement violated defendant's Confrontation Clause rights where redactions, in light of the commonwealth's presentation of the case, were insufficient to prevent the jury from understanding that the statement referred to defendant. Order of the superior court reversed, case remanded.
Publication Date: 2024-10-18
Practice Area: Tax
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 21 MAP 2023
Deferral of gains from like-kind exchanges of property was not permissible where such a method did not "clearly reflect" a taxpayer's income as defined by the Tax Reform Code. Order of the commonwealth court affirmed.
Publication Date: 2024-10-11
Practice Area: Criminal Law
Industry: Legal Services
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 808 CAP
Appellant appealed the dismissal of his Post Conviction Relief Act petition after he was convicted by a jury of first-degree murder and related crimes. The court affirmed, holding that appellant failed to demonstrate intentional or reckless prosecutorial misconduct where the prosecutor in his case relied on a documentary exhibit to refresh a testifying police officer's memory regarding a fact later contradicted by other police officers.
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Publication Date: 2024-08-02
Practice Area: Administrative Law
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 20 MM 2023
Unsuccessful category 4 slot machine license bidder challenged board's grant of the license and court found 4 Pa.C.S. §1305.2(c) was a jurisdictional provision, satisfaction of which had to be met before board could consider an application submitted by the auction winner but that section only defined board's conduct in connection with Category 4 slot machine license auctions, not its competency to preside over auction, application and licensing proceedings. Affirmed.
Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 75 MAP 2022
Commonwealth Court did not err in allowing mandamus damages in appellees' actions against the liquor control board for failing to perform its duty to implement direct shipment of orders to customers because PLCB was a "person" subject to mandamus damages under 42 Pa. C.S. §8303 and sovereign immunity did not bar mandamus damages sought pursuant to that provision. Affirmed.
Publication Date: 2024-05-10
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 1 WAP 2023
Making only one attempt to serve process after filing a complaint and waiting eight months to effect service, after the limitations period would have expired, did not constitute good faith diligence at timely serving process. Order of the superior court reversed.
Publication Date: 2024-05-10
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 103 MAP 2022
In a case arising from the death of a youth from an overdose of illegal drugs in the home of appellants, the court reversed a ruling of the Superior Court that emotional distress damages were covered under an insurance policy providing liability coverage for bodily injury when the policy excluded emotional distress from its definition of bodily injury.
Publication Date: 2024-04-05
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 8 EAP 2023
Juveniles adjudicated delinquent and ordered to out-of-home placement could seek expedited review of their placement as of right, with the superior court not having the discretion to deny review. Order of the superior court reversed.
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