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Executive order directed to parties in home health care services within gubernatorial authority where order merely set forth voluntary, non-binding process for parties to confer with executive departments. Order of the commonwealth court vacated, case remanded for further proceedings.Appellants, Governor Thomas Wolf and the Department of Human Services, appealed from the order of the commonwealth court granting summary judgment to appellees Jessica Markham, Victoria Markham, Jessee Charles, Pennsylvania Homecare Association, and Unit
The court denied a motion for summary judgment on a claim for unjust enrichment against a borough with regard to a paving project. The record contained evidence that the work was authorized by a borough representative and that a benefit was conferred on the borough.
Publication Date: 2018-09-04 Practice Area:Criminal Appeals Industry: Court:Supreme Court Judge:Justice Wecht Attorneys:For plaintiff: for defendant: Case Number: 18-1056
The prosecutor's characterization of defendant as a "dangerous man" and a "cold blooded killer" constituted permissible, if aggressive, oratorical flair in the context of this case: therefore, defense counsel was not ineffective for failing to object to the remarks. The high court affirmed an order denying defendant post-conviction relief.
An arbitration provision contained in a nursing home admission agreement was unconscionable, so plaintiff was entitled to litigate both wrongful death and survival claims in court. Certain defendants were not parties to the admission agreement, so they could not compel arbitration because that provision did not apply to them.
Court granted insurer's motion for summary judgment against policy holder on its counterclaim of common law fraud, rescinded the policy ab initio and awarded damages. After a fire at homeowner's house for which insurer provided coverage, homeowner alleged certain personal property was stolen but analysis showed that the photographs she provided of the allegedly stolen property were all taken after the alleged theft. Granted in part and dismissed in part.
An alternative product design's compliance with governmental or industry standards, in the absence of expert testimony, was insufficient to establish that an alleged defective product was unreasonably dangerous. Summary judgment affirmed.
Publication Date: 2018-09-04 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Saylor Attorneys:For plaintiff: for defendant: Case Number: 18-1032
Non-disclosure provision of entry-of-appearance form for grand jury proceedings amended under the court's statutory authority to narrow the scope to track the statutory language requiring secrecy of grand jury proceedings. Order of the supervising judge reversed.
The motor vehicle exception to governmental immunity under the Political Subdivision Tort Claims Act applied in this case where decedent was struck and killed by a government vehicle. The high court reversed and remanded.