Filter This View

  • Commonwealth v. Edwards

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1014

    Superior court properly interpreted merger statute to require only evaluating the statutory elements of offenses rather than the specific factual circumstances of committed offenses in determining whether to merge convictions. Judgment of the superior court affirmed.

  • In re: B.W.

    Publication Date: 2021-05-31
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0592

    The superior court properly found that §301 of the Mental Health Procedures Act requires a showing of a threat and an act in furtherance of that threat to warrant involuntary treatment based upon a clear and present danger; however, the court erred in ordering the expungement of petitioner's treatment records because the evidence at bar did in fact satisfy that standard. The high court reversed.

  • Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC

    Publication Date: 2021-05-17
    Practice Area: Contracts
    Industry: Cargo and Shipping | Transportation
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0551

    Superior court properly held that a no-hire or "no poach" agreement ancillary to a services contract between business entities was not enforceable because balancing the overbreadth of the provision and the likelihood of harm to the public showed that provision unreasonably restrained trade. Affirmed.

  • SLT Holdings, LLC v. Mitch-Well Energy, Inc.

    Publication Date: 2021-05-17
    Practice Area: Contracts
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0540

    The trial court erred in providing plaintiffs recourse through application of the equitable doctrine of abandonment where they could have availed themselves of a full and adequate remedy at law through contract principles generally applicable to oil and gas leases and through the specific provisions of the leases. The high court reversed.

  • Commonwealth v. Finnecy

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0513

    The trial court's failure to impose a sentence under the Recidivism Risk Reduction Act implicated sentencing illegality and, in accordance with Commonwealth v. Cullen-Doyle, defendant's single prior conviction for a non-enumerated crime demonstrating violent behavior did not qualify as a history of past violent behavior barring eligibility under Act. The high court reversed in part, affirmed in part and remanded.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Chesapeake Energy Corp.

    Publication Date: 2021-04-05
    Practice Area: Consumer Protection
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0357

    The commonwealth could not bring claims under the state's Unfair Trade Practices and Consumer Protection Law on behalf of private landowners against a natural gas production company for its alleged deceptive, misleading and unfair practices in obtaining natural gas leases as the company was not conducting trade or commerce for the purposes of the law. The high court affirmed in part and reversed in part.

  • Commonwealth v. Moore

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0369

    Superior court correctly dismissed appellant's habeas petition, challenging his sentence on the grounds the statute under which he was sentenced was unconstitutionally vague, because appellant's claim was cognizable under the Post Conviction Relief Act and was facially untimely. Affirmed.

  • Commonwealth v. Cochran

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0091

    Defendant had no basis to challenge the sentencing court's jurisdiction under 18 Pa.C.S. §1106(c)(2) where he sought and secured a hearing on restitution to take place after the incarceration portion of his sentence and that hearing resulted in a final order months after the order imposing the incarceration portion of his sentence. The high court reversed an order vacating defendant's judgment of sentence and remanding for resentencing.

  • Uniontown Newspapers, Inc. v. Pennsylvania Dep't of Corr.

    Publication Date: 2021-01-11
    Practice Area: Public Records
    Industry: State and Local Government | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0006

    Agency was subject to sanctions and fee shifting where open records officer simply relied on custodian's search efforts without documenting that reliance or otherwise conducting an independent search for records responsive to a Right to Know Law request.

  • Bourgeois v. Snow Time, Inc.

    Publication Date: 2020-12-21
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1373

    Trial court erred in granting summary judgment to defendants without addressing plaintiffs' liability expert reports, which were sufficient to raise a genuine issue of material fact. Judgment of the superior court reversed, case remanded.