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Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
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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
Publication Date: 2022-12-12
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 26 WAP 2021
Since "color of state law" under §1983 and "scope of office or duties" under the Political Subdivision Tort Claims Act involved different considerations because §1983 imposed liability for official misconduct within and without the scope of an official's authority, a federal verdict imposing §1983 did not constitute a judicial determination triggering municipal duty to indemnify under the PSTCA. Order of the commonwealth court affirmed.
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 28 EAP 2021
Trial courts should not use personal, emotion-laden hypotheticals couched in language of willingness to act when instructing juries on the standard of reasonable doubt but should instead use language framed in terms of hesitation to act. Order of the superior court affirmed.
Publication Date: 2022-08-29
Practice Area: Land Use and Planning
Industry: Advertising | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0962
The lower courts did not err in finding that a Charlestown Township zoning ordinance was not unlawfully exclusionary as the restrictions complained of, i.e., those applying to billboards within the township and next to the state turnpike, arose from a state regulation establishing standards for outdoor billboards, not from the township's zoning ordinance. The high court affirmed.
Publication Date: 2022-08-01
Practice Area: Election and Political Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0861
Commonwealth court erred in finding objector's challenge to candidate's nomination petition was nonjusticiable because nomination challenges predicated on allegations that candidate for the general assembly could not meet the qualification requirements in art. II, §5 of the Pennsylvania constitution were justiciable per the implicit legislative prerogative embodied by §977 of the election code and candidate in this case failed to meet the requirements.
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Publication Date: 2022-07-18
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0793
Longer sentence imposed on resentencing motivated by prosecutorial retaliation against defendant's successful appeal constituted cognizable challenge to legality of sentence under the PCRA. Order of the superior court reversed and remanded.
Publication Date: 2022-07-04
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0750
Spouse who made an election under or against a will was required to revoke any election within the same statutory time frame for filing the election. Order of the superior court reversed.
Publication Date: 2022-01-24
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0085
The commonwealth court did not err in finding that Pennsylvania's Acting Secretary of Health lacked the power to issue a mask mandate requiring individuals in state schools to wear face coverings as a means of controlling the spread of COVID-19. The high court affirmed the commonwealth court's ruling.
Publication Date: 2022-01-24
Practice Area: Tax
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0084
The trial court did not err in finding that a whistleblower payment made to plaintiff, who alleged that his employer violated the federal False Claims Act, was taxable as earned income at the local level since the qui tam award was taxable as compensation under §303 of the Pennsylvania Tax Reform Code. The high court reversed the commonwealth court's ruling.
Publication Date: 2022-01-17
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 22-0039
Commonwealth was required to have a "substantially more likely than not" standard of proof, situated between prima facie and beyond a reasonable doubt, to deny bail to a criminal defendant. Judgment of the superior court affirmed.
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