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  • Commonwealth v. Valdivia

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1295

    Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.

  • Commonwealth v. Peterson

    Publication Date: 2018-10-16
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1235

    Newly-discovered fact exception to Post-Conviction Relief Act time bar applicable where PCRA counsel was ineffective per se by failing to timely file petition and where petitioner was unaware and could not ascertain the untimeliness of the petition. Order of the superior court reversed, case remanded.

  • Commonwealth v. Golden Gate Nat'l Senior Care LLC et al

    Publication Date: 2018-10-09
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1192

    The trial court erred in concluding that statements and alleged misrepresentation by the defendant nursing home facilities regarding the care provided to residents was mere "puffery" and, thus, not actionable under the Unfair Trade Practices and Consumer Protection Law. The appellate court reversed the trial court in part.

  • Commonwealth v. Wilmer

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1202

    Superior court erred in holding that police could reenter a house to complete a report after the emergency that justified their initial warrantless entry had passed because under the emergency aid exception to the fourth amendment, the officers had to leave the premises when the needed emergency assistance had been given and administrative considerations did not extend their right of entry. Vacated.

  • In Re: A.J.R.-H. et al

    Publication Date: 2018-08-07
    Practice Area: Evidence | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0912

    The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.

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  • Whitmoyer v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-07-10
    Practice Area: Administrative Law | Employment Litigation
    Industry: Food and Beverage
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0768

    Commonwealth Court erred in its interpretation of §319 because the term "installments of compensation" was clear and unambiguous and did not refer to medical expenses and an employer could not seek reimbursement for future medical expenses from the employee's balance of recovery. Reversed.

  • Bayview Laon Servicing, LLC v. Lindsay

    Publication Date: 2018-06-19
    Practice Area: Consumer Protection | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0699

    Defendant debtor was not entitled to attorney fees under §503(a) of the Loan Interest and Protection Law, or Act 6, since pleading a violation of §403(a)'s notice requirements as an affirmative defense in a residential foreclosure action neither constitutes an "action" arising under Act 6 nor transforms a foreclosure suit into such an "action." The high court affirmed an order denying defendant attorney fees.

  • Gorsline v. Bd. of Supervisors of Fairfield Twp.

    Publication Date: 2018-06-19
    Practice Area: Administrative Law | Evidence | Land Use and Planning
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0713

    Zoning board erred in approving conditional use where applicant failed to present evidence and board failed to make factual findings that proposed used was similar to expressly permitted use within zoning district. Order of the commonwealth court reversed.

  • Commonwealth v. Walker

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0711

    Moving forward, Rule 341 would require quashal of a single notice of appeal taken from a single order resolving issues on more than one docket. Order of the superior court reversed, case remanded.

  • In the Matter of Private Sale of Prop. by the Millcreek Twp. Sch. Dist.

    Publication Date: 2018-06-19
    Practice Area: Education Law
    Industry: Education | Real Estate
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0714

    Courts lacked statutory authority to direct the manner of sale of school district property and was merely limited to approving or disapproving private sale. Order of the commonwealth court reversed.