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  • Raynor v. D'Annunzio

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0065

    Dragonetti Act claim could not be brought for post-trial motion for contempt and sanctions as it did not qualify as a "civil proceeding." Order of the superior court reversed, case remanded.

  • Woodford v. Commonwealth

    Publication Date: 2021-01-11
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0013

    Commonwealth court and commissioner of insurance did not err in holding that §310.74(a) of the insurance department act did not authorize appellants to charge a non-refundable fee to their customers seeking to purchase personal motor vehicle insurance. Affirmed.

  • Commonwealth v. Lehman

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0007

    The superior court properly held that costs of resentencing defendants could not be recovered from them by the district attorney where their resentencing became necessary when their original sentences were vacated upon a subsequent judicial determination that the sentences were unconstitutional. The state's high court affirmed.

  • Commonwealth v. Katona

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1184

    Relayed information from confidential informant sufficient to support issuance of a search warrant and permitted evidence recovered from the search, pursuant to the Independent Source Doctrine. Order of the superior court affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1179

    The superior court erred in ruling that a search warrant to search defendant's cell phone was not unconstitutionally overbroad, thus allowing a search for evidence of illegal narcotics and firearm possession, where the warrant was so lacking in probable cause that it failed to justify any search of the phone, the high court wrote in an opinion announcing the judgment of the court. The high court reversed and remanded.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

    View this Book

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  • Commonwealth v. Reid

    Publication Date: 2020-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0934

    Judicial determinations such Williams v. Pennsylvania, wherein the U.S. Supreme Court addressed a Pennsylvania justice's failure to recuse himself in a case in which he had significant involvement as district attorney, did not satisfy the newly discovered fact exception to the Post Conviction Relief Act time bar; thus, the PCRA court lacked jurisdiction to reinstate defendant's nunc pro tunc right to appeal here. The high court quashed defendant's appeal.

  • Commonwealth v. Lacombe

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0853

    Revised Sex Offender Registration and Notification Act provisions did not constitute criminal punishment and therefore were not an unconstitutional ex post facto law when applied to criminal activity committed prior to the statute's effective date. Orders of the trial court reversed.

  • Commonwealth v. Smith

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0850

    An individual was deemed to be a "fugitive from justice" and therefore a person not to possess a firearm when he or she had an active bench warrant. Order of the superior court affirmed.

  • Maas v. UPMC Presbyterian Shadyside

    Publication Date: 2020-08-03
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0824

    Superior court correctly determined that under Emerich v. Phila. Ctr. For Human Dev., Inc. 720 A.2d 1032, appellants had a duty to warn "readily identifiable" victims and record supported a finding that victim, who lived five doors from mental health patient who repeatedly threatened to kill his "neighbors," was just such a "readily identifiable" victim. Affirmed.

  • Commonwealth v. McClelland

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0815

    Trial court violated defendant's rights in finding prima facie case for criminal charges when commonwealth relied solely upon hearsay evidence at preliminary hearing. Order of the superior court reversed.