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  • Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Bd.

    Publication Date: 2019-05-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Gavin v. Loeffelbein

    Publication Date: 2019-04-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    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.

  • In the Interest of L.J.B., a minor

    Publication Date: 2019-01-15
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Commonwealth v. Brown

    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.

  • City of Philadelphia Fire Dept. v. Workers' Comp. Appeal Bd.

    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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  • 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.