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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.
Publication Date: 2019-11-18
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court
Judge: Justice Wecht
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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.
Publication Date: 2019-10-07
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-1169
An insured's increase to the limits of underinsured motorist coverage for multiple vehicles covered under an existing policy constitutes a "purchase" for purposes of §1738(c) of Pennsylvania's Motor Vehicle Financial Responsibility Law, thereby triggering the insurer's statutory obligation to offer the insured the opportunity to waive stacking of the new, aggregate amount of coverage. Certified question answered.
Publication Date: 2019-10-07
Practice Area: Criminal Law
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Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-1172
The intermediate appellate court correctly held that §9726(c) of Pennsylvania's Sentencing Code requires record evidence of a defendant's ability to pay a fine imposed as part of his sentence, even where the defendant agrees to the amount of the fine in a negotiated guilty agreement. Affirmed in part and reversed in part.
Publication Date: 2019-09-09
Practice Area: Administrative Law
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-1062
Commonwealth court erred in enforcing psychiatrist's petition to enforce subpoenas for former patient's testimony and for patient's medical records from previous and subsequent treatment providers because commonwealth court had neither original nor appellate jurisdiction over private party's efforts to enforce a subpoena against other private parties and commonwealth was not a party to the action. Vacated.
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Publication Date: 2019-09-02
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-1036
City and appellant utility appealed commonwealth court's ruling, that some of city's ordinances burdening utilities in the city rights-of-way were preempted by the public utility code but an ordinance imposing an annual fee was not preempted, and court found all of the ordinances including the one imposing an annual fee were preempted. Affirmed in part and reversed in part.
Publication Date: 2019-07-29
Practice Area: Regulation
Industry: Food and Beverage | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-0880
Pittsburgh could pass a paid sick days ordinance despite the business exclusion under Home Rule Charter where granting paid sick leave bore a nexus to public health and thus fell within city's police powers under the Disease Prevention and Control Law. Order of the commonwealth court affirmed in part and reversed and remanded in part.
Publication Date: 2019-06-24
Practice Area: Contracts
Industry: Health Care | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-0662
The commonwealth court erred in sustaining defendant's demurrer to the attorney general's request to extend indefinitely consent decrees governing the relationship between the two rival health care providers where the modification provision the AG relied upon was ambiguous, necessitating a remand for evidentiary development of the parties' intent. The high court reversed and remanded.
Publication Date: 2019-06-17
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-0690
The lower court erred in holding that possession of a concealed firearm in public is sufficient to create a reasonable suspicion that the individual may be dangerous such that police can approach and briefly detain the individual in order to stop and frisk, i.e., investigate whether the person is properly licensed, the state high court said in a decision announcing the majority's opinion.
Publication Date: 2019-05-13
Practice Area: Transportation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 19-0556
Equal assessment of regulatory costs of taxicab oversight on medallion and partial rights taxicabs did not constitute deprivation of substantive due process where it furthered legitimate governmental objective of ensuring safety of taxicab industry. Order of the commonwealth court reversed, case remanded.
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