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  • Commonwealth v. Alexander

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0030

    In a decision reversing Commonwealth v. Gary, a majority of the state's high court held that Article I, §8 of the Pennsylvania Constitution affords greater protection to state citizens than the Fourth Amendment of the U.S. Constitution and reaffirmed that the state constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of a vehicle. The high court reversed and remanded.

  • Commonwealth v. Peck

    Publication Date: 2021-01-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0005

    Drug-delivery-resulting-in-death statute was not violated where delivery of drugs occurred outside of Pennsylvania, since violation of Drug Act, which only proscribed conduct within Pennsylvania, was an element of DDRD statute. Judgment of conviction vacated.

  • In re: Canvass of Absentee and Mail-In Ballots of November 3, 2020 Gen. Election

    Publication Date: 2020-12-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1320

    Voter's failure to include handwritten name, address, and date on declaration on mail-in ballot envelope constituted minor irregularity that did not require disqualifying an otherwise validly-cast ballot. Order of the trial court affirmed; decision of the commonwealth court reversed.

  • Commonwealth v. Weir

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1107

    Criminal defendant's challenge to the amount of a restitution order constituted a challenge to the discretionary aspects of sentence rather than a non-waivable challenge to the legality of sentence, such that a defendant was required to preserve the issue in a post-sentence motion and through appeal. Order of the superior court affirmed.

  • SEDA-COG Joint Rail Auth. v. Carload Express, Inc.

    Publication Date: 2020-10-12
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1114

    Commonwealth court correctly interpreted "present" in 53 Pa.C.S. § 5610(e) to mean voting member under the common law and "presence" presupposed voting in order to be counted for purposes of obtaining a majority vote count. Affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Walsh v. BASF Corp.

    Publication Date: 2020-08-10
    Practice Area: Evidence
    Industry: Chemicals and Materials | Manufacturing
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0859

    Superior court properly reversed trial court's grant of pesticide manufacturers' Frye motion in product liability action because trial court abused its discretion by reviewing the scientific literature at a granular level to make its own judgments about which studies relied on by plaintiff's experts were scientifically acceptable. Affirmed.

  • Lowman v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-08-10
    Practice Area: Labor Law
    Industry: State and Local Government | Transportation
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0855

    Driving for Uber did not meet "control" and "independence" tests and thus people who drove for Uber after being terminated from regular employment were still eligible for unemployment compensation benefits. Order of the commonwealth court affirmed.

  • Commonwealth v. King

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0812

    Where defendant entered into one agreement with his co-conspirator to commit murder, and failed in his attempt to murder the victim, who survived a shooting, he could not be sentenced to serve separate terms for the inchoate crimes of conspiracy and attempt. The high court vacated and remanded.

  • N. Berks Reg'l Police Comm'm v. Berk County Fraternal Order of Police

    Publication Date: 2020-06-08
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0573

    The lower courts erred in overturning an arbitration award reinstating a police officer who was disciplined for unauthorized access to protected information since the arbitrator did not exceed his powers so as to create a basis for the vacation of the award under the narrow certiorari standard of review. The high court reversed for reinstatement of the arbitration award.

  • Commonwealth v. Tedford

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0456

    PCRA petition based on failure to disclose entire investigatory denied where petition was not field within 60 days of the police's disclosure of the existence of additional investigatory materials. Order of the PCRA court affirmed.