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  • Carr v. Pennsylvania Dep't of Transp.

    Publication Date: 2020-06-01
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0545

    The commonwealth court erred in reversing the dismissal of a probationary public employee due to her speech on social media where the court failed to engage in the balancing of interests required by Pickering v. Bd. of Education and related U.S. Supreme Court precedent. The high court reversed the commonwealth court's ruling.

  • Office of Disciplinary Counsel v. Altman

    Publication Date: 2020-05-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0483

    Court agreed that disbarment was warranted where attorney was found guilty of violations of multiple rules of professional conduct for having a sexual relationship with a client while representing her and engaging in business transactions with her. Exceptions denied.

  • In the Interest of: J.M.G.

    Publication Date: 2020-05-11
    Practice Area: Civil Rights | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0481

    Lower court erred in applying harmless error analysis to violation of therapist-patient privilege by disclosing unredacted treatment records to Sexual Offender Assessment Board in Act 21 proceeding. Judgment of the superior court reversed, case remanded.

  • In re Nomination Papers of Cohen

    Publication Date: 2020-03-02
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0239

    Commonwealth court erred in upholding trial court's ruling setting aside candidate's nomination papers for general election because candidate sought court intervention under §978.4 of the election code to withdraw her nomination petitions for the Democratic primary and court found no principled reason to distinguish between the voluntariness of withdrawal under §914 or §978.4 and ordered candidate's name placed on the general election ballot. Reversed.

  • Roverano v. John Crane, Inc.

    Publication Date: 2020-03-02
    Practice Area: Toxic Torts
    Industry: Chemicals and Materials | Construction | Energy
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0229

    The Fair Share Act did not permit the factfinder in a strict liability asbestos action to apportion fault on a percentage basis among liable defendants, only on a per capita basis. Order of the superior court affirmed in part and reversed in part.

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Commonwealth v. Mock

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1412

    Because the enhanced DUI sentencing statute defined a prior offense as a conviction or alternative disposition of a prior DUI charge, appellant's current DUI offense was correctly calculated to be a second offense subjecting him to enhanced grading and penalties. Order of the superior court affirmed.

  • Grove v. Port Auth. of Allegheny County

    Publication Date: 2019-11-25
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1381

    Where there was no evidence that negligence per se instruction would have affected the jury's decision, the trial court's omission of the instruction was harmless error where the jury found the plaintiff partially negligent. Order of the commonwealth court reversed, case remanded.

  • Yanakos v. UPMC

    Publication Date: 2019-11-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1388

    Superior court erred in upholding the statute of repose in the MCARE act because it was not substantially related to controlling the costs of malpractice insurance rates and providing actuarial predictability to insurers. Reversed.

  • Commonwealth v. Hays

    Publication Date: 2019-11-18
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1354

    Criminal defendant not entitled to retroactive application of new constitutional rule where he or she fails to preserve the issue underlying the rule at all stages of litigation. Order of the superior court affirmed.

  • Commonwealth v. Petrick

    Publication Date: 2019-10-07
    Practice Area: Bankruptcy | Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1176

    Restitution orders could not be discharged in bankruptcy since they served criminal justice goals and were therefore exempt from discharge under the code. Order of the superior court affirmed.