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  • Suffolk Constr. Co. v. Reliance Ins. Co.

    Publication Date: 2019-12-30
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1507

    Commonwealth Court erred in finding that settlement agreement of dispute over construction quality clearly and unambiguously precluded objector from filing its claim for coverage from its own insurer because the agreement was ambiguous at best as to whether objector released its own insurers. Vacated and remanded.

  • In re Risperdal Litigation

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1418

    Superior court erred in affirming trial court's grant of summary judgment in favor of pharmaceutical manufacturer because genuine issues of material fact remained with respect to manufacturer's statute of limitations defense.

  • City of Harrisburg v. Prince

    Publication Date: 2019-11-25
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1377

    The commonwealth court erred in concluding that a donor spreadsheet was not a financial record subject to disclosure, the high court held in a decision noting that while records that would disclose the identity of individual donors are generally exempted from disclosure under the Right to Know Law, public access is statutorily required if those records can be characterized as financial records. The high court remanded for further proceedings.

  • In re Estate of Krasinski

    Publication Date: 2019-11-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1362

    Superior court correctly held that sister waived her right to appeal orphans' court order approving a private sale of land because the order determined an interest in real property under Pa.R.A.P. 342(a)(6) and her failure to timely appeal that order constituted a waiver of all objections under Pa.R.A.P. 342(c). Affirmed.

  • Shiflett v. Lehigh Valley Health Network, Inc.

    Publication Date: 2019-10-07
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1182

    Superior court erred in ordering retrial on damages based on trial court's erroneously allowing a time barred claim in a personal injury action because the general verdict rule applied and there was a legally supportable finding of liability to support the damages award. Reversed.

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  • Commonwealth v. Foster

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1009

    The trial court erred in finding that defendant violated his probation by posting certain photographs of guns, drugs and cash on social media since the court was required to find that defendant violated a specific condition of probation or committed a new crime to be found in violation under 42 Pa.C.S. §9771. The high court reversed and remanded.

  • Menkowitz v. Peerless Publ'ns, Inc.

    Publication Date: 2019-08-05
    Practice Area: Litigation
    Industry: Health Care | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0903

    The intermediate appellate court erred in reversing a trial court order denying defendants in this defamation lawsuit judgment notwithstanding the verdict as the court did not review the record in the light most favorable to plaintiff, as verdict winner. The high court reversed and remanded.

  • Millcreek Twp. Sch. Dist. v. Millcreek Twp. Educ. Support Personnel Ass'n

    Publication Date: 2019-07-29
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0877

    Commonwealth court erred in substituting its interpretation of the parties' collective bargaining agreement for that of an arbitrator's interpretation where the essence test under the Public Employees Relations Act required the courts to defer to the arbitrator's findings of fact, which demonstrated that the arbitrator's interpretation was rationally derived from the CBA. Order of the commonwealth court reversed.

  • In re: Estate of Easterday

    Publication Date: 2019-07-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0771

    Divorcing spouse was not required to seek benefits from deceased spouse under divorce code where deceased spouse had not filed valid affidavit of consent and therefore grounds for divorce had not yet been established. Order of the superior court affirmed.

  • Commonwealth v. Hlubin

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0697

    Denial of motion to suppress evidence from DUI checkpoint overruled where checkpoint was operated by police outside of primary jurisdiction without a valid Intergovernmental Cooperation Act agreement. Order of the superior court reversed.