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  • Commonwealth v. Starry

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0106

    BAC of .304 from a blood test taken 40 minutes outside the maximum two-hour window under the highest rate DUI statute created strong inference that established prima facie case of violation. Order of the superior court affirmed.

  • City of Pittsburgh v. Fraternal Order of Police

    Publication Date: 2020-02-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0098

    The intermediate court erred in overturning an arbitration award in favor of the union representing police and firefighters seeking compensation for involuntary work since judicial review of an arbitration award involving police and firemen is narrowly constrained to the jurisdiction and authority of the arbitrator, regularity of the proceedings and whether any constitutional rights were violated. The high court reversed and remanded.

  • Weeks v. Dep't of Human Serv.

    Publication Date: 2020-01-06
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1522

    Commonwealth court properly denied preliminary injunctive relief in appellants' action challenging act 12 on constitutional grounds and correctly concluded that act 12 did not violate art. III, §§ 1 and 3 of the Pennsylvania constitution since the act as a whole related to the provision of benefits pertaining to the basic necessities of life to certain low-income individuals. Affirmed.

  • Sutton v. Bickell

    Publication Date: 2019-12-09
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1423

    Commonwealth court correctly dismissed inmate's petition asserting due process and tort claims over DOC policy prohibiting inmates from possessing certain brands of boots after a guard was killed by being kicked by such boots and court found inmate's procedural and substantive due process claims failed, burden was not on the DOC to prove the validity of challenged prison regulation but on inmate to disprove it and sovereign immunity protected DOC from inmate's tort claims. Affirmed.

  • Commonwealth v. Peters

    Publication Date: 2019-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1355

    Concealment of a firearm on another individual's person was insufficient to support a conviction for carrying a concealed firearm without a license. Order of the superior court reversed, case remanded.

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    New Jersey Estate Litigation 2014

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

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  • Commonwealth v. Bishop

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1201

    Defendant waived appellate argument by failing to argue before the trial court that a state constitutional provision should be construed more broadly than the federal counterpart. Order of the superior court affirmed.

  • Gen. Motors, LLC v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2019-08-05
    Practice Area: Contracts
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0907

    Board of Vehicles Act did not give dealers a statutory right to participate in manufacturer's contractual labor reimbursement schedule when dealers elected to use their statutory part reimbursement rights over contractual provision upon which the contractual labor reimbursement schedule was conditioned. Order of the commonwealth court affirmed in part and reversed in part.

  • Commonwealth v. Jones

    Publication Date: 2019-07-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0868

    Defendant was not entitled to relief on appeal based on his ineffective assistance of counsel claim where he failed to establish by a preponderance of the evidence that there was a reasonable probability that the outcome of the criminal proceedings would have been different had an alibi instruction been given to the jury. The high court denied defendant relief on appeal.

  • DeForte v. Borough of Worthington

    Publication Date: 2019-07-29
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0874

    The Borough Code and the Tenure Act were to be read in pari materia such that borough police forces would be governed by either statute and membership of an officer in such police force would be governed under the same standards for both statutes. Matter returned.

  • Schock v. City of Lebanon

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0704

    Only assessed property owners were entitled to lodge objections to the creation of a neighborhood improvement district where language of Neighborhood Improvement District Act indicated that "benefitted properties" were meant to solely include assessed properties. Order of the commonwealth court reversed.