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  • Commonwealth v. Jones

    Publication Date: 2020-11-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1244

    Trial court improperly admitted police detective's testimony about child sexual assault victims' difficulties with recalling specific details of incidents of assault, where such testimony fell within the scope of expert testimony and the commonwealth had not qualified the detective as an expert witness. Order of the superior court reversed, case remanded for new trial.

  • Commonwealth v. Byrd

    Publication Date: 2020-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0877

    The superior court properly reversed an order suppressing the recorded jailhouse conversations defendant had with his victim where his conduct in speaking to the victim, after being warned that such conversations might be recorded or monitored, satisfied the mutual consent exception to the Wiretapping and Electronic Surveillance Control Act. The high court affirmed.

  • Crown Castle NG E. LLC v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-08-03
    Practice Area: Public Utilities
    Industry: Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0817

    Public Utility Commission's statutory interpretation not entitled to court deference where Public Utility Code unambiguously defined distributed antenna system networks as public utilities as they did not provide cellular mobile services. Order of the commonwealth court affirmed.

  • 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.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • 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.

  • 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.