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  • Benyo v. Breidenbach

    Publication Date: 2020-08-03
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0811

    The superior court properly held that anti-alienation provisions governing municipal pensions found in various statutes protected assets from attachment and other legal process only while those assets remained in the possession of the pension fund administrator. The high court affirmed and remanded for further proceedings.

  • Temple v. Providence Care Ctr., LLC

    Publication Date: 2020-08-03
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0825

    Superior court erred in finding that trial court invoked its sua sponte authority to declare a new trial because trial court granted a new trial based on defendant nursing home facility's unpreserved motions for a mistrial, which was legal error. Reversed.

  • Wolf v. Scarnati

    Publication Date: 2020-07-13
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0734

    Court found general assembly's attempt to overturn governor's proclamation of disaster emergency via a concurrent resolution without presentment to the governor violated §7301(c) of the emergency services management code because §7301(c)'s provision allowing the general assembly to terminate a state of disaster emergency by concurrent resolution required presentment of that resolution to the governor. Resolution was a legal nullity.

  • Commonwealth v. Taylor

    Publication Date: 2020-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0580

    Juvenile court erred in considering juvenile defendant's failure to admit guilt to the charged offenses in deciding to transfer the case to adult criminal court, thereby violating the juvenile's privilege against self-incrimination. Order of the superior court reversed, case remanded.

  • Commonwealth v. Trahey

    Publication Date: 2020-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0476

    The superior court erred in finding that exigent circumstances in this DUI fatality case justified a warrantless blood draw of defendant's blood for testing as there was no time-sensitive need for such a test given the availability of a breathalyzer machine. The high court reversed and remanded.

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  • Commonwealth v. Koehler

    Publication Date: 2020-05-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0477

    The court below erred in denying defendant's petition for relief under the Post Conviction Relief Act based on alleged judicial bias at the appellate court level due to lack of authority, as the PCRA court had inherent authority to grant a nunc pro tunc appeal to remedy an alleged due process violation in the prior appeal. The high court reversed and remanded.

  • Commonwealth v. Trahey

    Publication Date: 2020-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0476

    The superior court erred in finding that exigent circumstances in this DUI fatality case justified a warrantless blood draw of defendant's blood for testing as there was no time-sensitive need for such a test given the availability of a breathalyzer machine. The high court reversed and remanded.

  • US Airways, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-12-09
    Practice Area: Employment Litigation
    Industry: Aerospace | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1408

    A workers' compensation judge did not err in finding that claimant, a flight attendant who voluntarily used an optional employee parking area, remained in the course of her employment while traveling between that area and her typical workspace, as the parking lot was integral to her employer's business operations. The high court affirmed.

  • Commonwealth v. Olson

    Publication Date: 2019-11-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1379

    DUI offender was not entitled to post-conviction relief from sentencing enhancement for refusal to submit to a warrantless blood test where Birchfield was decided after offender's sentence became final and Birchfield did not announce a substantive rule that could retroactively apply on collateral review. Order of the superior court affirmed.

  • Bartkowski v. Ramondo

    Publication Date: 2019-11-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1353

    A landowner need only show that constructing alternative access to a parcel was manifestly impracticable to establish an easement by necessity. Order of the superior court reversed.