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Publication Date: 2022-09-12
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-1022
Commonwealth court erred in holding that act 129 did not mandate installation of smart meters and court found customers failed to meet their burden of proving, by a preponderance of the evidence, a conclusive causal connection between RF emissions from smart meters and adverse human health effects. Reversed in part and affirmed in part.
Publication Date: 2022-08-15
Practice Area: Election and Political Law
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Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0916
Commonwealth court erred in holding the universal mail-in voting provisions of act 77 were unconstitutional and court found the phrase "offer to vote" did not mandate in-person voting.
Publication Date: 2022-05-16
Practice Area: Criminal Appeals
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Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0539
Remand of Post Conviction Relief Act petition necessary to determine whether trial counsel sufficiently discharged duty to consult with criminal defendant regarding appellate rights.
Publication Date: 2022-05-16
Practice Area: Criminal Appeals
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Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0535
Evidence was sufficient to convict for first-degree murder where it showed that defendant fired multiple shots in quick succession, with several striking the victim, and therefore it could support an inference that defendant intentionally aimed his firearm at the victim. Judgment of sentence affirmed.
Publication Date: 2022-01-24
Practice Area: Family Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0067
Superior court erred in affirming trial court's grant of petitions to compel to allow Philadelphia Department of Human Services to enter mother's home because its probable cause analysis failed where it did not explain the "link" between DHS's petition to enter the home and the allegation mother may not have fed children on one day over an eight-hour period, it improperly considered mother's prior experiences with DHS because trial court placed no reliance on that and it failed to address the reliability of the evidence in the petitio
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2022-01-17
Practice Area: Public Records
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0041
Office of Open Records lacked authority to rule on the disclosure of records that potentially qualified as confidential security information where the Public Utility Confidential Security Information Disclosure Protection Act gave such authority exclusively to the receiving agency and held that CSI records were expressly exempt from the Right to Know Law. Order of the commonwealth court affirmed.
Publication Date: 2022-01-10
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0014
Pleadings unlawfully filed by non-attorneys did not implicate the subject matter jurisdiction of the trial court, but were still voidable in the discretion of the trial court following notice and opportunity to cure. Order of the superior court reversed, case remanded.
Publication Date: 2022-01-10
Practice Area: Family Law
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Court: Supreme Court
Judge: Justice Donohue
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Case Number: 22-0009
Superior court erred in overlooking factual and credibility determinations of trial court that supported the trial court's denial of a petition to involuntarily terminate parental rights, which credited parent's testimony regarding his efforts to overcome barriers to his ability to exercise parental duties. Order of the superior court reversed and remanded.
Publication Date: 2021-10-25
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 21-1236
Secretary of education was entitled to consider financial impacts to proposed independent school district and the existing school districts that students in the independent district would transfer from and to when evaluating a petition from "an educational standpoint." Order of the commonwealth court reversed, case remanded.
Publication Date: 2021-08-09
Practice Area: Administrative Law
Industry: Manufacturing | State and Local Government | Transportation
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 21-0906
Board of claims correctly granted commonwealth's preliminary objections in dispute involving two Alternative and Clean Energy grant agreements for appellant to construct compressed natural gas fuel pumps because the agreements were in fact "grants," were used for the construction of fuel pumps for a private entity and appellant's claim was barred by sovereign immunity. Affirmed.
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