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  • Commonwealth v. Lear

    Publication Date: 2024-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 90 MAP 2023

    Pandemic-related court shutdowns did not constitute "judicial delay" requiring the commonwealth to demonstrate due diligence in bringing defendant to trial. Order of the superior court vacated, case remanded.

  • Martin v. Donegal Twp.

    Publication Date: 2024-11-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24 WAP 2023

    Township petitioners appealed the Commonwealth Court's decision reversing the trial court's dismissal of an election challenge. The court reversed, holding that the township's application of Second Class Township Code Section 402(e) to reduce its board of supervisors from five members to three did not result in the unconstitutional "removal" of a board member whose term was shortened as a result.

  • Velasquez v. Miranda

    Publication Date: 2024-09-13
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 108 MAP 2023

    Trial court had jurisdiction to issue predicate findings for special immigrant juvenile status when making a custody determination that granted sole custody to one parent. Order of the superior court reversed and remanded.

  • Oberholzer v. Galapo

    Publication Date: 2024-09-06
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 104 MAP 2022

    Lower courts erred in enjoining property owner from posting signs protesting neighbor's allegedly racist behavior where posting the signs constituted pure speech as it was motivated in part by highlighting the community effects of racism, and thus an injunction constituted an impermissible prior restraint on speech. Order of the superior court vacated in part.

  • Wolfe v. Reading Blue Mountain & N. R.R. Co.

    Publication Date: 2024-09-06
    Practice Area: Real Estate
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 73 MAP 2023

    The court reversed the Commonwealth Court and remanded for reinstatement of the trial court's order dismissing the condemnation action where appellants proved that the public was not the "primary and paramount beneficiary" of the taking.

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    Lancaster County & Berks County Court Rules 2024

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  • Shirley v. Pennsylvania Legislative Reference Bureau

    Publication Date: 2024-08-02
    Practice Area: Environmental Law
    Industry: Non-Profit | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 85 MAP 2022

    Nonprofit environmental corporations appealed the Commonwealth Court's denial of their petitions to intervene in litigation involving the Pennsylvania Department of Environmental Protection's rulemaking regulation intended to effectuate the Commonwealth's membership in the Regional Greenhouse Gas Initiative. The court reversed the denial of intervention, holding that the nonprofits had legally enforceable interests that entitled them to intervention in light of evidence demonstrating the effects of carbon dioxide emissions and the imp

  • Caldwell v. Jaurigue

    Publication Date: 2024-06-21
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 MAP 2023

    Appellant appealed the Superior Court's order requiring that he pay child support to child's biological father. The court reversed, holding that a deceased mother's paramour, who obtained in loco parentis standing and was awarded partial physical custody of child, had no child support liability where he did not have legal custody and thus was not child's "parent."

  • Commonwealth v. Harris

    Publication Date: 2024-05-24
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 31 EAP 2022

    Inadmissible hearsay evidence alone was insufficient to satisfy the commonwealth's burden to prove a prima facie case as to a defendant's identity at a preliminary hearing. Order of the superior court affirmed.

  • Commonwealth v. Chisebwe

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4 MAP 2023

    Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.

  • Barris v. Stroud Twp.

    Publication Date: 2024-03-08
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 68 MAP 2022

    Although zoning ordinance restricting discharge of firearms implicated right to bear arms, such regulations were consistent with the historical tradition of restricting the discharge of firearms and the location of designated shooting ranges. Order of the commonwealth court reversed and remanded.