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  • In Re: Petition of J.M.Y.

    Publication Date: 2019-10-28
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1268

    Lower courts lacked jurisdiction to consider expungement of Section 303 commitment records where applicant failed to timely raise constitutional challenges to commitment. Order of the superior court reversed.

  • Binswanger of Pennsylvania, Inc. v. TSG Real Estate LLC

    Publication Date: 2019-10-14
    Practice Area: Contracts
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1196

    The lower courts did not err in concluding that the plaintiff real estate broker had earned a partial commission on the sale of defendant's commercial property in accordance with the terms of its broker agreement even though plaintiff did not procure the buyer who purchased the property. The high court affirmed.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2019-09-02
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1008

    Superior court properly found that an unlisted resident driver exclusion in vehicle owner's insurance policy was not contrary to public policy and was valid and enforceable because 75 Pa.C.S. §1786 did not require an insurer to provide coverage beyond what the insurance policy provided and the URDE was not contrary to public policy. Affirmed.

  • Commonwealth v. Cousins

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0899

    The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.

  • S & H Transp. Inc., v. City of York

    Publication Date: 2019-08-05
    Practice Area: Tax
    Industry: Cargo and Shipping | Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0912

    Commonwealth court erred in finding that money appellant collected and passed on to freight carriers for their fees was not excluded from taxation under the city's business privilege and mercantile tax because the BPT regulation's "freight delivery exclusion" applied. Reversed.

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  • Mitchell v. Shikora

    Publication Date: 2019-07-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0740

    Evidence of risks and complications of surgery was admissible in medical negligence claim to establish the applicable standard of care and show that a physician's conduct complied with the standard. Order of the superior court reversed.

  • Commonwealth v. Santiago

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0756

    Police officer's out-of-court identification of defendant was tainted by illegal search of defendant's cell phone, but officer could make admissible in-court identification of defendant based on officer's personal observation of defendant during valid initial traffic stop. Order of the superior court affirmed.

  • Commonwealth v. Le

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0700

    Conviction for murder and death sentence affirmed where testimony sufficient to find defendant acted as conspirator and/or accomplice in the murder. Conviction and judgment of sentence affirmed.

  • EQT Prod. Co. v. Borough of Jefferson Hills

    Publication Date: 2019-06-17
    Practice Area: Land Use and Planning
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0702

    Municipality, in reviewing natural gas well conditional use application, could consider testimony from residents of another municipality concerning the effects of a similar natural gas well operated by the same applicant. Order of the commonwealth court vacated, case remanded.

  • Commonwealth v. Frein

    Publication Date: 2019-05-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0530

    While the victim impact evidence admitted by the trial court in this case may have been unnecessarily extensive, defendant failed to establish that he was prejudiced by the admission of such evidence where the jury found several aggravating circumstances but no mitigating factors. The high court affirmed defendant's judgment of sentence.