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Publication Date: 2020-08-03
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0814
Subchapter I of Sex Offender Registration and Notification Act did not constitute a punitive law given the compelling government interest of public safety in providing citizens with information about sex offenders in their neighborhoods, where the punitive effects were not excessive in relation to those public safety goals, such that the retroactive effect of Subchapter I did not constitute an ex post facto violation. Orders of the trial court reversed.
Publication Date: 2020-06-29
Practice Area: Public Records
Industry: Education
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0676
School bus surveillance video constituted public record subject to disclosure under the Right-to-Know Law where no evidence that disclosure would lead to loss of federal funding for school district pursuant to FERPA. Order of the commonwealth affirmed, case remanded with instructions.
Publication Date: 2020-06-08
Practice Area: Regulation
Industry: Real Estate
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0577
The Real Estate Licensing and Registration Act's broker licensing requirements were unconstitutional as applied to operator of short-term vacation property rental website as unduly burdensome. Order of the commonwealth court reversed, case remanded.
Publication Date: 2020-05-04
Practice Area: Insurance Litigation
Industry: Insurance
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0459
Superior court properly found insurer had a duty to defend in action filed against decedent's estate by boyfriend of decedent's former spouse who was shot by decedent while struggling for a gun during decedent's murder-suicide of former spouse and himself because allegations in the complaint that decedent "negligently, carelessly and recklessly caused the weapon to be fired" presented a factual scenario that fell with the definition of a covered "occurrence." Affirmed.
Publication Date: 2020-04-06
Practice Area: Criminal Law
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Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0364
Sexually Violent Predator designation requirements under Sex Offender Registration and Notification Act did not constitute criminal punishment, such that statutory factfinding requirements did not violate constitutional principles under Apprendi and Alleyne. Order of the superior court reversed.
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Publication Date: 2020-03-02
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 20-0230
Trial court erred in nonsuiting negligence case pursuant to Mental Health Procedures Act qualified immunity where decedent voluntarily sought treatment for drug dependence, which was expressly excluded from definition of mental health treatment. Order of the superior court reversed, case remanded.
Publication Date: 2019-12-09
Practice Area: Administrative Law | Trusts and Estates
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 19-1421
Commonwealth court erred in holding the mailbox rule applied to a requested change of beneficiary designation and plan option forms for benefits payable under State Employees' Retirement System because the option change was not effective until receipt by SERS and the common law mailbox rule did not apply. Reversed.
Publication Date: 2019-11-18
Practice Area: Discovery
Industry: State and Local Government | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 19-1349
In this case of first impression, the high court considered whether either the common law or first amendment confers a qualified right of access to the press to inspect search warrant materials issued in connection with a grand jury investigation and found that no such right exists where the request is made while the grand jury investigation is ongoing. The high court affirmed an order denying access to such materials.
Publication Date: 2019-10-07
Practice Area: Landlord Tenant Law
Industry: Energy
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 19-1167
Non-breaching lessee not entitled to rescission and return of rent payments following landlord's breach when lessee continued to perform under and accept benefits of lease, including accepting rent from sublessee. Order of the superior court affirmed.
Publication Date: 2019-10-07
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 19-1174
Roommate not named in search warrant for entire residence could have private bedroom subjected to search under warrant, despite expectation of privacy, so long as police reasonably believed items to be seized would be found in bedroom. Order of the superior court affirmed.
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