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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.
Publication Date: 2019-08-05
Practice Area: Litigation
Industry: Health Care | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2019-07-08
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
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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.
Publication Date: 2019-06-17
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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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.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-05-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 19-0529
Commonwealth court erred in reversing zoning board's finding that appellee violated the zoning ordinance by using house in a district restricted to single family dwellings as a transient rental property because a purely transient use of a property was incompatible with the definition of "family" defined as "a single housekeeping unit" in zoning ordinance Reversed.
Publication Date: 2019-04-08
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
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for defendant:
Case Number: 19-0391
Superior court erred in sua sponte invalidating emergency guardianship order based on automatic expiration when proper avenue to challenge order was in initial proceeding before orphans' court. Order of the superior court vacated, case remanded.
Publication Date: 2019-01-15
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 19-0002
Because the Child Protective Services Law's definition of "child" did not include a fetus or unborn child, a pregnant woman's drug abuse causing injury to the child upon birth did not render her a "perpetrator" of child abuse because there was no "child" at the time of mother's alleged acts of abuse. Order of the superior court reversed.
Publication Date: 2018-11-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1328
Commonwealth's confession of error on an allegation of ineffective assistance of penalty phase counsel could not obviate court's obligation to conduct judicial review of defendant's claim and defendant's obligation to prove merits of claim. Order of the PCRA court affirmed.
Publication Date: 2018-11-06
Practice Area: Administrative Law | Employment Litigation | Evidence
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1319
In an opinion announcing the judgment of the court, the high court held that §108(r) of the Workers' Compensation Act, which deals specifically with firefighters, only requires a claimant to establish a general causative link between the type of cancer suffered and a Group 1 carcinogen and that where a claimant has established entitlement to the evidentiary presumption of compensability under §301(f) of the Act, epidemiological evidence is not sufficient to rebut the presumption. The high court reversed and remanded for further procee
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