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  • Commonwealth v. Butler

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Dean v. Bowling Green-Brandywine

    Publication Date: 2020-03-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Estate of Wilson v. State Employees' Ret. Bd.

    Publication Date: 2019-12-09
    Practice Area: Administrative Law | Trusts and Estates
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • In re: 2014 Allegheny County Investigating Grand Jury

    Publication Date: 2019-11-18
    Practice Area: Discovery
    Industry: State and Local Government | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2019-10-07
    Practice Area: Landlord Tenant Law
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • 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. Turpin

    Publication Date: 2019-10-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Commonwealth v. Thomas

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1025

    First-degree murder conviction and death sentence affirmed where trial court properly assessed competency of physically- and intellectually-disabled witness to testify at trial and where any errors by the trial court were harmless in light of overwhelming amount of competent evidence of defendant's guilt. Judgment of sentence affirmed.

  • Feleccia v. Lackawanna Coll.

    Publication Date: 2019-09-02
    Practice Area: Personal Injury
    Industry: Education | Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1027

    Athletic activity waiver did not immunize school that had undertaken duty to provide athletic trainers and where liable party could not seek waiver of gross negligence or reckless conduct. Order of the superior court affirmed in part and reversed in part, case remanded.

  • Navarro v. Pennsylvania State Police

    Publication Date: 2019-08-05
    Practice Area: Regulation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0910

    PSP was required to establish the interstate or foreign commerce element in 18 U.S.C. §922(g) to establish that a firearm owner was disqualified from the return of his or her firearm pursuant that federal statute. Order of the commonwealth court affirmed.

  • Commonwealth v. Bell

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0904

    Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.