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  • Whalen v. Pub. Sch. Employees Ret. Bd.

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0053

    Commonwealth court erred in relying on the stated intent of the parties in a settlement agreement and ignoring the definition of "compensation" in the retirement code in finding appellee's settlement payment in his age discrimination action was retirement-covered compensation. Reversed.

  • Commonwealth v. Santana

    Publication Date: 2022-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0037

    Punitive provisions of Sexual Offender Registration and Notification Act were unconstitutionally applied to offender convicted of rape in another state prior to the enactment of sex offender registration systems, as imposition of SORNA requirements constituted an unconstitutional ex post facto increase in punishment. Order of the superior court affirmed.

  • Lageman v. Zepp

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0040

    After presenting some direct evidence of negligence, a medical malpractice plaintiff was not precluded from also receiving a res ipsa loquitur jury instruction after presenting substantial circumstantial evidence of the doctor's negligence. Order of the superior court affirmed.

  • Albert v. Sheeley's Drug Store, Inc.

    Publication Date: 2022-01-10
    Practice Area: Civil Appeals
    Industry: Pharmaceuticals | Retail
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0018

    The lower court correctly applied the in pari delicto doctrine to grant the defendant pharmacy summary judgment in this negligence case since the decedent's death was caused, at least partially, by his own criminal conduct, i.e., possession and consumption of a controlled substance that was not prescribed to him. The high court affirmed.

  • Apartment Ass'n of Metro. Pittsburgh, Inc. v. City of Pittsburgh

    Publication Date: 2021-11-08
    Practice Area: Government
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1305

    The commonwealth court did not err in finding that the Home Rule Charter and Optional Plans Law's business exclusion precluded a Pittsburgh ordinance that proscribed source-of-income discrimination in Section 8 housing. The high court affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • K.N.B. v. M.D.

    Publication Date: 2021-10-18
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1208

    Appellant appealed the grant of a sexual violence protective order and court found petitions under the Protection of Victims of Sexual Violence or Intimidation Act were subject to the six-year catch-all statute of limitations and the continued risk of harm element did not require trial court to evaluate the reasonableness of a plaintiff's mental and emotional reactions. Affirmed.

  • United Blower, Inc. v. Lycoming County Water & Sewer Auth.

    Publication Date: 2021-10-11
    Practice Area: Government
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1173

    Commonwealth court erred in calculating the costs of blowers used in a public project for the purposes of determining percentages of foreign and domestic steel under the Steel Act and court found the proper denominator was the total cost of all articles, materials and supplies and the numerator was the total cost to acquire just the foreign AMSs or the total cost to acquire just the domestic AMSs. Reversed.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2021-08-09
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0916

    The trial court erred in admitting a victim's compound hearsay statement into evidence at her husband's murder trial as the fact-bound aspect of the victim's hearsay note could not be bootstrapped into admissibility merely because the statement contemporaneously contained some expression of the victim's state of mind. The high court granted defendant a new trial.

  • Mortimer v. McCool

    Publication Date: 2021-08-02
    Practice Area: Personal Injury
    Industry: Food and Beverage
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0871

    Superior court properly held plaintiff could not pierce the corporate veil to hold defendant LLCs and individuals liable for a dram shop judgment because while supreme court recognized a narrow form of "enterprise liability," it did not apply under the facts in this case. Affirmed.

  • Commonwealth v. Cosby

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0796

    District attorney's press release declining prosecution to induce defendant to testify in related civil lawsuit precluded commonwealth from subsequently bringing criminal charges and using that civil suit testimony. Judgment of conviction vacated.