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Publication Date: 2023-09-11
Practice Area: Public Records
Industry: Legal Services | Non-Profit | State and Local Government
Court: Supreme Court, Wecht
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 44 MAP 2022
Commonwealth court abused its discretion to remand Right-to-Know Law case for further factfinding where neither party requested to supplement the record and the commonwealth court had not identified any outstanding question or fact or law. Order of the commonwealth court vacated.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 27 WAP 2022
Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.
Publication Date: 2023-08-14
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 109 MAP 2022
Child's biological father challenged termination of his parental rights where child's mother failed to demonstrate "cause shown" to excuse the requirement that she relinquish her parental rights prior to the child's adoption by her long-term partner. The court remanded for further proceedings after addressing the analytical framework governing a party's demonstration of cause to permit an adoption by a parent's long-term partner who is not the parent's spouse.
Publication Date: 2023-05-15
Practice Area: Employment Litigation
Industry: Retail
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 11 WAP 2022
Defendants, an employer and two of its store supervisors, appealed a Superior Court order affirming the trial court's denial of their motion for summary judgment, which asserted the exclusivity provision of the Pennsylvania Workers' Compensation Act. The court reversed.
Publication Date: 2023-05-08
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 3 MAP 2022
Court sanctioned county and its counsel for willful violations of protective order prohibiting third-party inspections of voting machines that had been decertified by the secretary of the commonwealth. Respondent's application for contempt and sanctions granted.
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Publication Date: 2023-04-03
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 2842 DD3
Hearing committee properly found that attorney's subpoena for hearing recording under Pa.R.D.E. 521(c) was invalid because that rule was only valid for summoning witnesses to testify at the hearing. Affirmed.
Publication Date: 2023-03-13
Practice Area: Environmental Law
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 73 MAP 2021
The Environmental Hearing Board erred in concluding that no private party to an appeal under the Clean Streams Law may be compelled to reimburse another party for attorneys' fees and costs unless it has pursued or defended the appeal in bad faith or for an improper purpose. The court vacated the Commonwealth Court's contrary rulings in consolidated cases and remanded for further Board proceedings.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 89 MAP 2021
Lower courts correctly distinguished Gallagher v. GEICO Indem. Co., 201 A.3d 131, and correctly enforced the household vehicle exclusion in appellant's wife's policy when he sought UM/UIM coverage for his motorcycle accident where his motorcycle insurance policy had no UM/UIM coverage and court rejected the view that household vehicle exclusions were ipso fact unenforceable. Affirmed.
Publication Date: 2023-02-27
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 102 MM 2022
Election code required absentee/mail-in ballots to have a valid date on the return envelope, and the failure to have the date rendered the ballot invalid as a matter of law. Petitioners' request for relief granted in part.
Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
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Case Number: 32 MAP 2021
Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma
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