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  • Commonwealth v. Rivera

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0020

    Appellant did not receive ineffective assistance of penalty phase counsel where additional evidence in support of mental health and life history mitigator was cumulative of evidence provided to experts during penalty phase or was favorable to the commonwealth. Order of the PCRA court affirmed.

  • Bucks Co. Serv., Inc. v. Philadelphia Parking Auth. et al

    Publication Date: 2018-10-30
    Practice Area: Legislation | Regulation
    Industry: State and Local Government | Transportation
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1289

    The trial court erred in holding that the jurisdictional agreement between the Pennsylvania Public Utility Commission and the Philadelphia Parking Authority violated the plaintiff taxicab operator's substantive due process rights but correctly applied the Tire Jockey test to hold that certain challenged regulations governing plaintiffs were unreasonable. The high court reversed in part and affirmed in part.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

  • In the Interest of A.A.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1299

    Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.

  • Commonwealth v. Small

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0884

    New trial could be granted where more detailed account of alternative suspect's confession was not cumulative or corroborative of the defense's trial theory. Order of the Superior Court reversed, case remanded.

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  • Varner v. Swatara Twp. Bd. of Comm'rs

    Publication Date: 2018-06-19
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0704

    Pursuant to §401 of the First Class Township Code, the Swatara Township Board of Commissioners was required to obtain judicial approval before changing from an at-large system to a by-ward system of governance. The high court affirmed the appellate court's decision.

  • Commonwealth v. Brown

    Publication Date: 2018-06-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0697

    Autopsy report was inadmissible in absence of author's live testimony, but another expert's opinion admissible where independently arrived from facts contained in report. Judgment of sentence affirmed.

  • Bailets v. Pennsylvania Turnpike Commission et al

    Publication Date: 2018-04-10
    Practice Area: Damages | Whistleblower Laws
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0413

    Addressing an issue of first impression, the high court concluded that non-economic damages for items such as humiliation and loss of reputation are available to successful plaintiffs in suits brought under the Whistleblower Law; therefore, the trial court did not err in entering a plaintiffs verdict which included $1.6 million in non-economic damages. The court affirmed the judgment for plaintiff.

  • Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, PC

    Publication Date: 2018-03-20
    Practice Area: Damages
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0279

    Superior court erred in reversing the trial courts award of quantum meruit damages to predecessor law firm because where successor counsel received and retained a benefit from predecessor counsels work, predecessor counsel was entitled to some payment.

  • Mission Funding Alpha v. Commonwealth

    Publication Date: 2017-12-19
    Practice Area: Civil Appeals | Tax
    Industry: Investments and Investment Advisory
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1833

    Commonwealth court erred in reversing the board of finances finding that appellees petition for a tax refund was not timely because the actual payment of the tax was the act of transferring money or credits by the taxpayer to the department, not the filing of the annual tax report. Reversed.