• In re: The Thirtieth County Investigating Grand Jury

    Publication Date: 2024-11-15
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 15 EM 2022

    Grand jury report did not constitute a "report" eligible for publication where it failed to specifically identify "unlawful activity" committed by named, unindicted individuals, all of whom were entitled to notice and an opportunity to be heard before any publication of a grand jury report could occur. Order of the supervising judge vacated, case remanded.

  • Commonwealth v. Yard

    Publication Date: 2024-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 11 MM 2023

    "Proof evidence or presumption great" standard of proof only applied to the dangerousness exception to the constitutional right to bail, not to the capital punishment or life imprisonment exceptions. Order of the trial court vacated, case remanded.

  • In re: Canvass of Provisional Ballots in the 2024 Primary Election

    Publication Date: 2024-09-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 55 MAP 2024

    Failure to sign outer envelope of provisional ballot precluded counting of the ballot as the Election Code made the signature a mandatory requirement to ensure the validity of the ballot. Order of the commonwealth court affirmed.

  • MBC Dev., LP v. Miller

    Publication Date: 2024-06-14
    Practice Area: Corporate Governance
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1 MAP 2023

    Superior court erred in vacating stay of arbitration of challenge to LP's special litigation committee determination where such determinations had to be reviewed by the courts pursuant to Pennsylvania Uniform Limited Partnership Act and the partnership agreement expressly stated that it was to be construed under Pennsylvania law. Order of the superior court reversed, case remanded.

  • Commonwealth v. Womack

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 110 MAP 2022

    Court correctly denied Pa.R.Crim.P.600 motion for second complaint arising from same criminal conduct where second complaint was motivated by further investigation after first complaint and there was no evidence of an attempt to evade the rule. Order of the superior court affirmed.

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  • In the Interest of T.Q.B.

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 71 MAP 2023

    Appellant appealed her adjudication as delinquent for posting an Instagram live video of another child's under breast and court found 18 Pa.C.S. §6321(g) did not require exposure of the nipple to meet the definition of "nudity." Affirmed.

  • Pennsylvania Interscholastic Athletic Ass'n, Inc. v. Campbell

    Publication Date: 2024-03-15
    Practice Area: Public Records
    Industry: Entertainment and Leisure | Non-Profit | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 71 MAP 2022

    Appellant Pennsylvania Interscholastic Athletic Association sought review of the Commonwealth Court's judgment affirming a decision of the Office of Open Records that deemed appellant subject to the Right-to-Know Law. The court affirmed.

  • KEM Res., LP v. Deer Park Lumber, Inc.

    Publication Date: 2024-03-15
    Practice Area: Energy and Natural Resources
    Industry: Energy | Food and Beverage | Mining and Resources | Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10 MAP 2023

    Superior court properly found that KEM's accounting claim relating to an oil and gas lease payment was a statutory claim for an accounting between co-tenants under 68 P.S. §101 and the statute of limitations for such a claim was six years. Affirmed.

  • Sullivan v. Werner Co.

    Publication Date: 2024-01-08
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18 EAP 2022

    Trial court correctly barred manufacturer/retailer from submitting evidence of industry/government safety standards in design defect strict products liability case where such evidence was relevant to a manufacturer's conduct, while a design defect case focused solely on the characteristics of a product. Order of the superior court affirmed.

  • Commonwealth v. Conforti

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 794 CAP

    Commonwealth committed Brady violation by failing to disclose mental health records in its possession relating to defendant's co-defendant, who provided key testimony at defendant's trial, where the records were relevant as they diagnosed co-defendant with sociopathic tendencies and thus could have been used to damage the credibility and reliability of his testimony. Order of the PCRA court affirmed.