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  • Commonwealth v. Berry

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 EAP 2023

    A sentencing court may not lawfully consider a defendant's record of prior arrests which did not result in either juvenile adjudications or adult convictions as a factor in sentencing. Reversed and remanded.

  • Bold v. Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 36 MAP 2023

    Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.

  • N.W.M. v. Langenbach

    Publication Date: 2024-06-14
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 25 EAP 2022

    The court declined to provide categorical quasi-judicial immunity to guardians ad litem and ruled that the Superior Court has the authority to decide novel issues of law. The case was remanded.

  • Commonwealth v. Dowling

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 795 CAP

    Commonwealth appealed an order granting appellee collateral relief under the Post Conviction Relief Act. The court reversed, concluding that the PCRA court erred in awarding appellee a new trial where appellee could not establish prejudice or materiality below in light of overwhelming evidence of appellee's guilt, as reflected in a supplemental PCRA court opinion requested by the court on remand.

  • Dwyer v. Ameriprise Fin., Inc.

    Publication Date: 2024-05-10
    Practice Area: Consumer Protection
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 WAP 2023

    Trial court erred in concluding that plaintiffs were not entitled to treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law after the jury had already awarded them punitive damages on their tort claims. Order of the superior court reversed, case remanded.

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    Lancaster County & Berks County Court Rules 2024

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  • In re Trust B Under Agreement of Wells

    Publication Date: 2024-04-05
    Practice Area: Trusts and Estates
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 WAP 2023

    Charitable foundation appealed the denial of its motion to terminate a trust and court found orphans' court acted within the discretion afforded it by 20 Pa.C.S. §7740.3(e) and foundation failed to satisfy the high standard for termination in §7740.3(e). Affirmed.

  • Pennsylvania State Educ. Ass'n v. Pub. Sch. Employees' Ret. Bd.

    Publication Date: 2024-04-05
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 90 MAP 2022

    Associations of teacher's unions had associational standing to challenge Public School Employees' Retirement Board's resolution that created confusion over the applicability of the withdrawal liability statute in specific circumstances. Order of the commonwealth court reversed, case remanded.

  • Commonwealth v. Chambers

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 EAP 2023

    Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.

  • Siger v. City of Chester

    Publication Date: 2024-02-09
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12 MAP 2023

    Modifications to financial recovery plan under Act 47 that removed city councilpersons as administrative department heads did not violate the Act's prohibition on changing the form of government. Order of the commonwealth court affirmed.

  • HTR Rest., Inc. v. Erie Ins. Exch.

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Food and Beverage | Hospitality and Lodging | Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 WAP 2022

    Trial court erred in ordering coordination of existing and future-filed cases involving business interruption coverage claims against insurer, where coordination rule only permitted coordination of existing actions since the rule allowed later-filing plaintiffs to move for coordination. Order of the superior court affirmed.