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  • Brown v. City of Oil City

    Publication Date: 2023-06-05
    Practice Area: Wrongful Death
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6 WAP 2022

    Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.

  • United States v. Harris

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 EAP 2022

    Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.

  • Commonwealth v. Wallace

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 93 MAP 2021

    Jamal Wallace appealed the superior court's order affirming appellant's judgment of sentence for aggravated assault, criminal conspiracy, and carrying a firearm without a license. Appellant's conviction arose from the shooting of Kamaal Dutton. As part of the investigation, police discovered that several businesses near the location of the shooting had exterior surveillance cameras. Investigators recovered surveillance footage that depicted two adults later identified as appellant and Mason Clary in the area in the hours leading up to

  • O'Neill v. State Employees Ret. Sys.

    Publication Date: 2022-09-12
    Practice Area: Labor Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1024

    Commonwealth Court erred in forfeiting appellant's pension under Public Employee Pension Forfeiture Act because appellant's guilty plea to 18 U.S.C. §1001 did not trigger pension forfeiture since §1001 and 18 Pa.C.S. §4906 were not "substantially the same." Reversed.

  • Metal Green Inc. v. City of Philadelphia

    Publication Date: 2022-01-24
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0081

    Minimum variance analysis factor applied to use variance applications, while blighted properties were not entitled to a relaxed standard in the minimum variance analysis. Order of the commonwealth court affirmed in part, reversed and remanded in part.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

    View this Book

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  • League of Women Voters v. Degraffenreid

    Publication Date: 2022-01-17
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0050

    Commonwealth court properly found the proposed victim's rights amendment violated art. XI, §1 of the Pennsylvania constitution and properly enjoined the secretary from tabulating and certifying the results of the general election regarding that amendment because it manifested separate new rights that were not functionally interrelated. Affirmed.

  • Eastern Univ. Acad. Charter Sch. v. Sch. Dist. of Philadelphia

    Publication Date: 2022-01-10
    Practice Area: Education Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0000

    Commonwealth court properly affirmed board's decision to uphold school district's decision not to renew appellant's charter school charter because 24 P.S. §1729-A(a), when read in concert with the charter school law as a whole, set forth no deadline by which a school district had to complete the process for declining to renew a charter. Affirmed.

  • Lorino v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0007

    Commonwealth court erred in interpreting §440 to require a per se disqualification of an award of claimant's attorney fees where the employer established a reasonable basis for its contest because that interpretation was contrary to the plain language of the statute. Reversed.

  • Quigley v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1430

    Claimant appealed board's reversal of her eligibility for unemployment compensation and court found board erred in sua sponte deciding the issue and in not giving claimant a hearing on the issue. Reversed.

  • Greenwood Gaming & Ent., Inc. v. Commonwealth

    Publication Date: 2021-12-06
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1408

    Concert tickets given as gaming comps could be excluded from taxable gaming revenue as tickets were not non-excludable "services" given the tangible nature of the tickets and the fact that tickets merely conferred the right to view an artistic expression given by a performer. Order of the commonwealth court affirmed.