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  • Commonwealth v. Baker-Myers

    Publication Date: 2021-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0885

    The superior court properly found that where a jury acquitted defendant of all chapter 31 sexual offenses charged, the evidence was insufficient to convict him of corruption of minors graded as a third-degree felony because a chapter 31 violation was an essential element of that offense. The high court affirmed.

  • In re: Adoption of: C.M.

    Publication Date: 2021-08-02
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0878

    Trial court erred in involuntarily terminating father's parental rights where record showed father made substantial efforts to exercise parental duties in the six months prior to the termination petition. Order of the superior court affirmed.

  • Degliomini v. ESM Productions, Inc.

    Publication Date: 2021-07-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0763

    City could not rely on exculpatory release executed by participant in charity bike ride to immunize the city from claims of negligence arising from the city's purported failure to maintain streets, where a party that had duty of public service could not contractually immunize itself from liability arising from the execution of that duty. Order of the commonwealth court reversed.

  • Domus, Inc. v. Signature Bldg. Sys. of PA, LLC

    Publication Date: 2021-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0764

    Failure to submit authenticated copy of foreign judgment did not deprive trial court of jurisdiction to hear action to enforce the judgment, but at most could only implicate the trial court's power to ultimately enforce the judgment. Order of the superior court reversed, case remanded.

  • Terra Firma Builders, LLC v. King

    Publication Date: 2021-05-17
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0543

    By holding that defendants waived their challenge to an unperfected mechanics' lien, despite the fact that §505 of the the Mechanics' Lien Law places no time limit on challenges raised in subsequent proceedings, the superior court improperly attempted to give legal force to an invalid judgment on the lien. The high court reversed.

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  • Commonwealth v. Perez

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0517

    Lower court applied wrong standard at preliminary hearing by failing to view evidence in light most favorable to commonwealth and instead adopting inferences favorable to the defendant, thereby erroneously raising the commonwealth's burden of proof. Order of the superior court reversed.

  • Commonwealth v. Speight

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0519

    Trial court erred in not resentencing defendant who had obtained federal habeas relief vacating his death sentence, based on the trial court's determination that the federal court had failed to undertake independent judicial review of the habeas petition but instead merely accepted the agreement of the parties. Order of the trial court reversed, case remanded.

  • In re: Nomination Petition of Major

    Publication Date: 2021-04-19
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0420

    The lower court properly set aside a candidate's nominating petition based on a legal challenge to the supporting signatures where it properly interpreted 25 P.S. §2868, as amended by Act 77., as imposing a mandatory duty on a signer of a nominating petition to add the address where he is duly registered and enrolled. The high court affirmed.

  • Always Busy Consulting, LLC v. Babford & Co., Inc.

    Publication Date: 2021-04-05
    Practice Area: Civil Appeals
    Industry: Consulting
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0356

    The superior court erred in finding that Commonwealth v. Walker required quashal in this case, where a notice of appeal from an order in consolidated civil cases was filed at the lead docket number, the cases involved the same parties and issues, and the lead docket contained all the court filings and information necessary to decide the appeal. The high court reversed.

  • J.F. v. Dep't of Human Servs.

    Publication Date: 2021-03-01
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0217

    Named perpetrator of child abuse within report designated "founded" due to perpetrator's entry into Accelerated Rehabilitative Disposition program on criminal charges arising from the same alleged child abuse was entitled to a hearing to challenge the report where ARD proceedings did not constitute adequate opportunity to be heard as required for an adjudication under the Administrative Agency Law. Order of the commonwealth court affimed.