Pennsylvania Case Law Update While You Drive: Recent Episodes
The McShane Firm
The Pennsylvania Case Law Update While You Drive Podcast provides an update, in 15 minutes or less, of all precedential cases published by the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court, and The Pennsylvania Supreme Court for the previous week. This podcast is brought to you by: The McShane Firm
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 39 covers cases published between March 17, 2021 and March 23, 2021.
Com. v. Wenzel, R.No. 417 WDA 2020
Com. v. Murray, J.No. 151 EDA 2019
Com. v. Rosario, K.No. 1700 WDA 2019
Com. v. Lopez, A.No. 1313 EDA 2018
Cases not discussed in podcast
Failor, R. v. Fedex Ground PackageNo. 3491 EDA 2019
Spencer, K. v. Johnson C.No. 2011 EDA 2019
Povrzenich, L. v. Ripepi, J.No. 1764 WDA 2019
L. Harris v. UCBR - 401 C.D. 2020
L. Harris v. UCBR - 402 C.D. 2020
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 36 covers cases published between February 24, 2021 and March 2, 2021.
The full text of each case can be found in the links below.
00:54 Com. v. Grooms, K.No. 71 MDA 2020
Cases not discussed in Podcast:
In Re: Private Complaint Filed by Luay Ajaj No. 3421 EDA 2019
Estate of Fiorento Cerullo, Appeal of: Velleca, A.No. 1354 EDA 2020
Xtreme Caged Combat v. Zarros, M.No. 654 EDA 2020
In the Interest of: M.R., a MinorNo. 1400 EDA 2020
Pelissero, C. v. Seraly, B.No. 588 WDA 2020corrected
Metro Real Estate v. Siaway, M.No. 827 EDA 2020
T. Bashinsky v. UCBR - 485 C.D. 2020
J. Laskaris v. M. Hice, et. al. - 230 C.D. 2020
B. Ganoe v. Bureau of Driver Licensing - 648 C.D. 2019
Thank you as always for joining us. Have a great week.
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 35 covers cases published between February 17, 2021 and February 23, 2021.
Com. v. Young, S.No. 3016 EDA 2019
Com. v. Felder, H.No. 2994 EDA 2019
Com. v. Shaw, R.No. 289 MDA 2020
Com. v. Carter, B.No. 1478 MDA 2020
Com. v. Hudson-Greenly, J.S.No. 403 MDA 2020
Cases Note Covered in Podcast
Gregg, G. v. Ameriprise Financial, et al, Aplts. - No. 29 WAP 2019
J.F. v. Department of Human Services, Aplt. - No. 72 MAP 2019
Virnelson, T. v. Johnson MattheyNo. 3526 EDA 2019
R.A. Naborn v. UCBR - 542 C.D. 2020
Southpointe Golf Club, Inc. v. Bd. of Supers. of Cecil Twp., et al. ~ Appeal of: Southpointe Golf Club, Inc. - 148 C.D. 2020
PA Dept. of Revenue v. A. Wagaman & The Morning Call - 1494 C.D. 2019
M. Cease v. Housing Auth. of Indiana County - 519 C.D. 2019
J. Marshall & D. Marshall v. E. Bradford Twp. Bd. of Supers., et al. - 102 C.D. 2020
Dockery, Q. v. Thomas Jefferson Unv. Hosp.No. 611 EDA 2020
Office of General Counsel v. B. Bumsted & LNP Media Group, Inc. - 1764 C.D. 2019
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 30 covers cases published between February 10, 2021 and February 16, 2021
Lancaster County D.A.'s Office v. C. Walker, et al. ~ Appeal of: C. Walker, et al. - 1457 C.D. 2019
Cases not discussed:
Clean Air Council, et al. v. DEP - 309 & 313 C.D. 2019
R. Romutis, et al. v. Borough of Ellwood City - 1689 C.D. 2018
Marion, D. v. Bryn Mawr Trust Co.No. 2470 EDA 2018
Thank you as always for joining us.
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 30 covers cases published between February 3, 2021 and February 9, 2021
For the full text of all cases decided this week, please click the link below.
Com. v. Atkinson, D.No. 1562 EDA 2016
Cases not discussed:
Erie Insurance v. King, J.No. 648 EDA 2020
The City of Clairton, PA v. ZHB of the City of Clairton, PA, & Cornerstone Residence, Inc., et al. - 1757 C.D. 2019
M. Cook v. City of Philadelphia CSC - 1684 C.D. 2019
Barna, D. v. Langendoerfer, G.No. 938 EDA 2020
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 30 covers cases published between January 27, 2021 and February 2, 2021
Full text of each case can be found at the links below:
Sadler, C. v. WCAB (Apl of: Phila Coca-Cola Co.) - No. 6 EAP 2020
Reitz, J. v. Flower, M. No. 1370 EDA 2020
DTE Energy Co., Inc. & Old Republic Ins. Co. v. WCAB (Weatherby) - 418 C.D. 2020 Thank you for joining us! See you next week.
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 30 covers cases published between January 20, 2021 and January 26, 2021.
The full text to each case decided this week can be found following the links below.
Cases discussed in the podcast:
PennDOT, Bur of Driver Lic, Aplt. v. Middaugh, S. - No. 45 MAP 2019
Commonwealth v. Cochran II, S., Aplt. - No. 77 MAP 2018
Commonwealth v. Montalvo, N., Aplt - No. 776 CAP
Com. v. Summers, B.No. 1966 EDA 2019
Com. v. Bennett, V.No. 2621 EDA 2019
Com. v. Williams, D.No. 2081 EDA 2019
Com. v. Williams, J.No. 1824 EDA 2019
Cases not discussed in the podcast:
In Re: Appeal of Coatesville Area Sch Dist - No. 7 MAP 2020
Lamar Advantage v. City of Pgh ZBA, et al., Aplts. - No. 5 WAP 2020
PBS Coals, et al v. PennDOT, Aplt. - No. 41 WAP 2019
Adoption of: B.G.S., Appeal of: S.S.No. 829 EDA 2020
Mae, F. v. Janczak, CNo. 3175 EDA 2019
J.R. Mesko v. PBPP - 1751 C.D. 2019
W. Sowich & N. Sowich v. The ZHB of Brown Twp. & Edgewood Estates, Inc. v. The ZHB of Brown Twp. v. Brown Twp. ~ Appeal of: Edgewood Estates, Inc. - 1555 C.D. 2019
N.J. Zelno v. E. Lyons & TCB of York County, PA - 355 C.D. 2020
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 30 covers cases published between January 13, 2021 and January 19, 2021.
For the full text, follow the link below.
Com. v. Little, K.No. 2775 EDA 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 29 covers cases published between January 7, 2021 and January 12, 2021.
Only 1 case to discuss this week, and like many of the cases that are reported, there are no major law changes reported, but it is rather an analysis of how fact specific cases can be and how even when the case is not that interesting, the way the law applies to certain facts is important. All of these cases can be useful when you find yourself with a case with a similar fact pattern. You can use this case law to help shape your case.
For the full text of each case, please use the links below.
Com. v. Wallace, J.No. 2427 EDA 2019
City of Philadelphia v. S. Dvortsova - 1529 C.D. 2019
York County Prison v. Teamsters Local Union No. 776 - 265 C.D. 2020
Blair County Children, Youth and Families' v. DHS - 1813 C.D. 2019
R.G. Kinzler, Trustee of a Trust for the Benefit of K. Kinzler v. WCAB (Assoc. for Vascular Access & Twin City Fire Ins. Co.) - 165 C.D. 2020
Matthews, J. v. Erie Insurance GroupNo. 754 EDA 2020
Schmitt, E. v. State Farm Auto InsuranceNo. 1767 EDA 2019
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 28 covers cases published between December 30, 2020 and January 5, 2021.
Com. v. McConnell, J.No. 103 MDA 2020
Com. v. Moose, C., Jr.No. 1897 MDA 2014
In Re: Jabbour, C. Appeal of: Nicotra, M.No. 1275 WDA 2019
Holy Redeemer Health Systems v. WCAB (Figuerora) - 372 C.D. 2020
Grove, J. v. Lutz, P.&L.No. 952 MDA 2019
Thank you as always for joining us. Please subscribe so you never miss a beat!
Thank you for joining us for episode 27 of the PA Case Law Update.
Full case text is linked below.
Commonwealth v. Alexander
Com. v. Smith
Com. v. Carlson
Com. v. Donoughe
Com. v. Floyd
Com. v. Sami
Commonwealth, Aplt. v. Davis and Lehman
Commonwealth v. Peck Jr
Com. v. Lambert
Com. v. Leone
Com. v. Reslink
Com. v. Asher
Com. v. Given
Z.F.I V. Bethanna
Pennsylvania Virtual Charter School, et al. v. PA Dept. of Ed.; The Secretary of Ed., P.A. Rivera, (In his Official Capacity)
Graham, F., Aplt. v. Check
Leight, K., Aplt. v. Univ. of Pittsburgh, et al
S.B. v. S.S.; Apl of: S.S., et al
Uniontown Newspaper, et al v. PA Dept of Cor, Aplt
Woodford, M., et al, Aplts. v. PA Insurance Dept.
Clark, D. (Est of M. Clark) Aplt. v. Stover, et al
Raynor, N. v. D'Annunzio, M., et al, Aplts
Eagleview Corp. Ctr. Assoc. v. Citadel Federal Credit Union
A. Nguyen & K. Pham v. Delaware County TCB & C. Neumann
D.M. Sexauer v. PennDOT, Bureau of Driver Licensing
Com. v. Ballard
Short Description - The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 26 covers cases published between December 9, 2020 and December 15, 2020.
In four criminal cases this week, the court discusses when evidence for a character of truthfulness is admissible and three cases addressing post conviction relief cases – addressing the right to counsel, timeliness exceptions and the proof required to establish ineffective assistance of counsel.
The full text of each case is found below as well as each of the cases decided that are not discussed in this weeks podcast.
00:42 Com. v. Gboko, B.No. 708 EDA 2020
2:16 Com. v. Hawkins, J.No. 1524 WDA 2019
4:12 Com. v. Frame, G.No. 146 WDA 2020
5:07 Com. v. Friedland, E.No. 330 EDA 2020
Cases not addressed in this episode:
Bourgeois, R., et al, Aplt v. Snow Time Inc, et al - No. 50 MAP 2019
Braswell, D. v. Wollard, M.No. 2589 EDA 2019
Lower Bucks County Joint Municipal Authority v. P. Koszarek - 686 C.D. 2020
Acme Markets v. Seltzer, B.No. 3331 EDA 2019
PA State Corrections Officers Assoc. v. DOC, SCI at Benner - 203 C.D. 2020
B.J. Chasan, Esq. v. W.H. Platt, Esq., et al. - 47 C.D. 2020
Thank you for joining us. We will be skipping next week due to the Christmas Holiday but rest assured any cases decided will be covered in the next podcast.
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 20 covers cases published between December 2, 2020 and December 8, 2020.
Another quiet week as the holidays approach. In the podcase this week we discuss the case of Highlands v. Rittmeyer, an interesting evaluation of the right to know law, its exceptions and the interplay between the right to know law and other potentially conflicting laws.
The links for the Highlands case as well as the cases not covered in the podcast this week can be found in the case notes below.
00:44 Highlands SD v. B. Rittmeyer & Tribune-Review - 163 C.D. 2020IUP v. Jefferson County Bd. of Assess. Appeals v. Punxsutawney Area SD & Boro of Punxsutawney - 775 C.D. 2019F. Vernic DBA SF Rehabitat v. Lincoln General Ins. Co., in Liquidation - 4 LIN 2017M.A. Kadar-Kallen & K. Kadar-Kallen v. Old Iron Estates Homeowners Assoc. - 1671 C.D. 2019G. Guadalupe v. Philadelphia Bd. of Pensions & Retirement - 563 C.D. 2019 Thank you for joining us once again!
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 20 covers cases published between November 25, 2020 and December 1, 2020.
Quiet week with the courts this week. Only 3 precedential cases decided. The courts address a failure to warn claim in Zitney v. Wyeth, trespass and nuisance claims and their statute of limitations in Long v. Estate of McFarland and a child support matter in Denelle v. Denelle.
Full case text linked below:
00:42 Zitney, J. v. Wyeth, LLCNo. 3369 EDA 2019
1:39 Long, E. v. Estate of: McFarland, D.No. 3458 EDA 2019
3:21 Denelle, J. v. Denelle, S.No. 617 WDA 2020
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 23 covers cases published between November 18, 2020 and November 24, 2020.
The criminal cases this week run the gambit from potential error in the penalty phase trial of a death penalty case in Commonwealth v. Knight, the timeliness of a PCRA petition in the Mojica case, search warrants and inevitable discovery in Commonwealth v. Price, the evidentiary requirements of recklessly endangering another person and firearms charges in Commonwealth v. Headley, and compulsory joinder and double jeopardy in the Davis case. There were several non-criminal cases not included in the summery this were for brevity, but the full text of all the decided cases is included in the case notes.
00:44 Commonwealth v. Knight, M., Aplt. - No. 775 CAP
6:20 Com. v. Mojica, E.No. 2356 EDA 2019
7:33 Com. v. Price, N.No. 1734 WDA 2019
9:39 Com. v. Headley, J.No. 76 EDA 2020
11:36 Com. v. Davis, C.No. 1665 WDA 2019
McMichael, T. v. McMichael, M. & P&J Const, Aplts. - Nos. 50 & 51 WAP 2019
Mader, S., Aplt. v. Duquesne Light - No. 33 WAP 2019
In the Int of: D.G., Appeal of: A.G.No. 2267 EDA 2019
Erie Insurance Exchange v. Petrie, J.No. 261 EDA 2020
Propel Charter Schools v. PA Dept. of Education and State Charter School Appeal Board - 1826 C.D. 2019
Propel Charter Schools v. PA Dept. of Education, State Charter School Appeal Board; Pittsburgh Public Schools - 710 M.D. 2019
PA Manufacturers' Ass'n Ins. Co. v. Johnson Matthey, Inc. and PA DEP - 330 M.D. 2015
The Pittsburgh Water and Sewer Authority v. UCBR - 228 C.D. 2020
William Penn SD, et al. v. PA Department of Education, et al. - 587 M.D. 2014
Matthews, L. v. Prospect Crozer, LLCNo. 355 EDA 2020
In Re: 2,349 Ballots in the 2020 General Election - No. 29 WAP 2020
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 20 covers cases published between November 11, 2020 and November 17, 2020.
This week, there was only one noteworthy case addressing election law and what is permitted and mandated observation during the pre-canvassing and canvassing of absentee and mail in ballots. Only 2 other cases were handed down, one discussing eminent domain and the other involving the discharge of debts from a property agreement in a divorce settlement. The full text of each case can be found in the links in the case notes.
For the full case text, please follow the links below:
In Re: Canvassing Observ., Apl. of: Bd. of Elec. - No. 30 EAP 2020 (Election Law)
C.F. Hughes, et al. v. UGI Storage Co. - 453 & 454 C.D. 2019 (Eminent Domain)
Hanrahan, J. v. Ketch, C.No. 1876 EDA 2019 (Bankruptcy and Divorce)
Thank you as always for being a part of our program. We hope everyone has a safe and healthy Thanksgiving!
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 20 covers cases published between November 4, 2020 and November 10, 2020.
This week, there was only one noteworthy case addressing a juvenile adjudication of delinquency in a juvenile possession of child pornography case. The courts had other precedential cases addressing zoning, products liability, and adoption, which are not discussed in the podcast, but the full text of each case in linked in the notes.
Full case text linked below.
In the Int. of: C.B., Appeal of: C.B.No. 948 EDA 2020
Adoption of J.C.C.; Apl of: T.L.G. - No. 58 WAP 2019; Adoption of S.A.G.; Apl of: T.L.G. - No. 57 WAP 2019; Adoption of A.M.G.; Apl of: T.L.G. - No. 56 WAP 2019; Adoption of K.M.G.; Apl of: T.L.G. - No. 55 WAP 2019
Bloomsburg Industrial Ventures, LLC v. Town of Bloomsburg - 961 C.D. 2019
Kornfeind, W. v. New Werner Holding Co.No. 2398 EDA 2019
L. Dowds & B. Lee v. ZB of Adjustment, et al. - 566 C.D. 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 20 covers cases published between October 27, 2020 and November 3, 2020.
In criminal matters this week, the court addressed weight and sufficiency claims in a DUI case. In a drug delivery and conspiracy case, the court addresses discretionary sentencing claims and when you can be convicted of multiple counts of conspiracy. The Supreme Court addresses expert testimony as it applies to responses and behaviors of victims of sexual assault and the legality of a maximum life sentence to a juvenile offender convicted of second degree murder. The non criminal cases of the week are not summarized in the pod cast but the full text of each case is linked in the notes below.
CRIMINAL
00:48 Com. v. Clemens, J.No. 1668 WDA 2019
3:12 Com. v. Lynch, C.No. 706 MDA 2019
6:59 Commonwealth v. Jones Jr., R., Aplt. - No. 24 WAP 2019
11:17 Com. v. Derrickson, R.No. 537 EDA 2019
Probate
DiDonato, R. v. Blair AcademyNo. 1704 EDA 2019
Civil Litigation
Ficarra, D. v. Consolidated Rail Corp.No. 2420 EDA 2018
Discrimination
Harrisburg Area Community College v. Pennsylvania Human Relations Commission - 654 C.D. 2019
Breach of Contract
Woullard, D v. Sanner ConcreteNo. 224 WDA 2020
Workers Compensation Fee Review
Omni Pharmacy Services, LLC v. Bureau of WC Fee Review Hearing Office (American Interstate Ins. Co.) - 1333 C.D. 2019
University Professor Tenure
Slippery Rock University of Pa., SSHE, v. Association of Pa. State College and University Faculty - 1667 C.D. 2019
School Employee Retirement Compensation
J.E. Lebron v. PSERB - 1265 C.D. 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 19 covers cases published between October 21, 2020 and October 26, 2020.
The courts were very busy this week. The Supreme Court handed down several cases, including a case addressing signatures on mail in ballots, the requisite manner for determining if someone was intellectually disabled in regards to a death penalty case, as well as two cases addressing the independent source doctrine. In the Commonwealth Court this week, we have a case addressing the jurisdiction of the Pennsylvania Public Utility Commission, Retirement Compensation and an evaluation of self-employment for purposes of unemployment compensation. The Superior Court in a number of criminal cases addressed constitutionality of SORNA and the implications on reputation, hearsay at a preliminary hearing and the inevitable discovery doctrine. The court also announced several civil litigation cases.
For full text to each case, click the link below:
00:44 Hammons, P. v. Ethicon, Inc., et al, Aplts. - No. 7 EAP 2019
2:50 Witherspoon, W. v. Wright, D.No. 2293 EDA 2019
4:22 Cabot Oil v. Speer, C.No. 1926 MDA 2019
5:20 R.J. Whalen v. PSERB - 45 C.D. 2020
6:45 Blue Pilot Energy, LLC v. PA PUC - 1054 C.D. 2019
8:36 Commonwealth v. Johnson, L., Aplt. - No. 25 WAP 2019
10:20 Commonwealth v. Katona, D., Aplt. - No. 1 WAP 2019
11:36 Commonwealth v. Cox, Russell, Aplt. - No. 783 CAP
13:50 Commonwealth v. Chmiel, D., Aplt. - No. 780 CAP
15:29 Com. v. Muhammad, T.No. 1455 MDA 2018
17:19 Com. v. Dolan, M.No. 2509 EDA 2016
17:44 Com. v. Davis, B.No. 3193 EDA 2019
19:07 In Re: Nov 3, 2020 General Election; Pet of PA Sec - No. 149 MM 2020
20:34 Humanus Corp. v. UCBR - 1193 C.D. 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 17 covers cases published between October 14, 2020 and October 20, 2020.
In the civil realm this week, the courts addressed “good cause” for failing to appear at a hearing; when an order is considered “final” making it ripe for appeal; substantial compliance with policy in a probate case; and proper preservation of issues and time for appeal in a bifurcated trial. In the criminal realm, we have two cases. One addressing prelusion of evidence prior to trial and the second addressing ex post facto applicability of SORNA. Finally, in a family law case, the court addresses custody and interstate transfer requirements.
The full text of each case can be found in the links below:
M. Madden v. PSERB - 28 C.D. 2020
Calabretta, C. v. Guidi Homes Inc.No. 2001 EDA 2019
State Farm v. Kitko, K.No. 281 WDA 2020
Sampathkumar, P. v. Chase Home FinanceNo. 544 WDA 2019
Com. v. Gross, A.No. 576 MDA 2019
Com. v. Santana, D.No. 3488 EDA 2017
D.Q. v. K.K., J.M.No. 124 MDA 2020
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 17 covers cases published between October 7, 2020 and October 13, 2020.
Only 7 precedential cases were decided this week. In a civil case regarding the public utility commission, the court discusses instillation of smart meters and concerns over RF emissions. In James v. PennDOT the court addresses CDL issues. In a criminal case, the court evaluates evidentiary issues specifically regarding admissibility of text messages. The court also addressed termination of parental rights and what is required to compel compliance a home visit in a couple of family law cases. In a property case, the courts determine that issues involving floodplains can be addressed first in a court of common pleas and need not be decided by the zoning board. IN the final case, the Orphans court discusses spousal elections.
The full text of each case is linked below.
M. Povacz v. PA PUC - 492, 606 & 607 C.D. 2019
J.M. James, Jr. v. PennDOT - 629 C.D. 2019
Com. v. Johnson, S.No. 1313 EDA 2019
Adoption of: B.G.S., Appeal of: S.S.No. 829 EDA 2020
In the Interest of: Y.W.-B. Appeal of: J.B.No. 1642 EDA 2019
B.J. Osevala, III and J.M. Osevala, h/w v. W.F. Gaudette and W.F. Gaudette, III and A.L. Gaudette, h/w - 1329 C.D. 2019
In Re: Jabbour, C. Appeal of: Nicotra, M.No. 1275 WDA 2019
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 16 covers cases published between September 30, 2020 and October 6, 2020.
In a civil litigation case this week, the courts address the requirements for res judicata. In the criminal arena, the courts addressed double jeopardy claims in a DUI case, due process that is required in deducting funds from a prison inmate account to pay costs and restitution, and whether restitution is a discretionary aspect of sentencing. In a major law change, the Supreme Court eliminated the “public record exception” to the PCRA one-year time bar. The court also addressed ethics and nepotism, quorum and majority required to pass a board vote, and two tax cases involving differences in property values between counties of the first class and other class counties, as well as property value assessments.
Full text to each case linked below:
Khalil, A. v. Cole, B.No. 3493 EDA 2019
Commonwealth v. Hill, B., Aplt. - No. 36 WAP 2019
Johnson, A., Aplt. v. Wetzel, J., et al. - No. 18 EAP 2019
Commonwealth v. Small, E., Aplt. - No. 8 EAP 2019
Commonwealth v. Weir, C., Aplt. - No. 28 WAP 2019
Sivick, J., Aplt. v. State Ethics Commission - No. 62 MAP 2019
Seda-Cog Joint Rail Auth v. Carload Express et al - No. 12 MAP 2019
Fouse, et al, Aplts. v. Saratoga Partners, et al - No. 67 MAP 2019
In Re: Consol Apl of Chester-Upland SD, et al - Nos. 55-57 MAP 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 15 covers cases published between September 22, 2020 and September 29, 2020.
We begin this week with a number of criminal cases addressing everything from SORNA registration requirements, Frye Hearings for expert witnesses, the ability of the Board of Parole and Pardons to impose conditions of probation and a whether or not the odor of marijuana is sufficient probable cause to search a vehicle. There are two property law cases looking at what is required to grant a variance, as well as issues involving easements. Finally, in a 10th Amendment constitutional law case, the court evaluates whether or not a federal statute providing immunity to gun industry for tort claims violates the tenth amendment.
Full text to all cases linked below:
Com. v. Bonnett, P.No. 1826 MDA 2019
Com. v. Epps, K.No. 1526 EDA 2019
Com. v. Shires, D., IINo. 233 MDA 2019
Com. v. Williams, T.No. 199 MDA 2020
Com. v. Brown, M.No. 2046 MDA 2019
Com. v. Mickley, S.No. 1258 EDA 2019
Com. v. Smith, S.No. 1011 MDA 2019
Com. v. McLaughlin, M.No. 2793 EDA 2019
Com. v. Barr, T.No. 2347 EDA 2019
Pineda, A. v. Perry, J.No. 3473 EDA 2019
In Re: Appeal of Ridge Park Civic Assoc. ~ Appeal of: Ridge Park Assoc. - 420 C.D. 2019
Gustafson, M. v. Springfield, Inc.No. 207 WDA 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 14 covers cases published between September 16, 2020 and September 21, 2020.
We start this week with a case where all appellate claims were waived – reminding us of the importance of preserving all of your issues for appeal. Next the court addresses equitable tolling of statutes of limitation, especially in the case of a minor. The courts also tackle a case where an inmate alleges denial of his constitutional rights to communication by mail and free exercise of religion. In the criminal world, there is a case addressing what is required to exercise due diligence in bringing a matter to trial within the restraints of speedy trial and whether a turn signal is required to change lanes for purposes of probable cause to stop a car. there were 2 major election law cases that were decided by the Supreme Court this week. The first addressing the proper procedure and requirements for successful nomination of a candidate and the second granting an extension of the time to receive mail in ballots. And finally, in 2 family law cases, the courts address when custody should be relinquished and given to the state and the calculation of child support for a disabled adult child.
Here are the links to the full text of each case.
Garwood, R. v. Ameriprise FinancialNo. 1429 WDA 2019
Nicole B., et al, Aplts. v. Philadelphia SD, et al - No. 16 EAP 2019
M. Rivera v. T. Silbaugh, et al. - 1708 C.D. 2018
Com. v. Morgan, T.No. 2896 EDA 2019
Com. v. Gurung, S.No. 1872 WDA 2019
In Re: Nom Papers of E Scroggin Appeal of Stefano - No. 55 MAP 2020
PA Dem Party. v. Boockvar, et al; Pet: Boockvar - No. 133 MM 2020
In the Int of: T.M., Appeal of: T.M.No. 235 EDA 2020
M.E.W. v. W.L.W.No. 925 MDA 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 13 covers cases published between September 9, 2020 and September 15, 2020.
The bulk of this week’s case were criminal in nature – ranging from what is reasonable suspicion for an investigatory detention, the legality of a judge sua sponte dismissing a case without motion by either party, right to counsel during the entirety of the post-conviction relief act process and a case addressing a motion to dismiss for double jeopardy. In a right to know case, the court found that scores given to a company during the medical marijuana application process are not protected form disclosure and a worker’s compensation that holds that strict compliance with the rules is required.
Full text linked below:
MB Financial Bank v. Rao, L.No. 2564 EDA 2019
Com. v. Way, M.No. 3061 EDA 2019
Com. v. Hill, S.No. 377 MDA 2020
Com. v. Schneider, T.No. 830 WDA 2019
Com. v. Richard, D.No. 282 EDA 2019
Com. v. Brame, C.No. 599 EDA 2020
Com. v. Betts, T.No. 1159 MDA 2019
Com. v. Kemick, JNo. 350 WDA 2020
M.S. Payne v. PA DOH - 579 C.D. 2019
D. Gabriel v. WCAB (Procter and Gamble Products Co.) - 1499 C.D. 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 12 covers cases published between September 2, 2020 and September 8, 2020.
In the matter of Bainbridge v. Steel River Building Systems, the court addresses procedural issues in a breach of contract case. In Commonwealth v. Robinson, post-conviction DNA testing is discussed. Commonwealth v. Copenhaver is a DUI case addressing the arrest powers of a Deputy Sheriff and finally a family law case in A.L.B. v. M.D.L. focusing on a trial courts discretion in a custody hearing.
00:50 2303 Bainbridge, LLC. v. Steel River Bldg SystemsNo. 2520 EDA 2019
2:49 Com. v. Robinson, K.No. 3114 EDA 2019
5:08 Com. v. Copenhaver, V.No. 383 MDA 2018
6:33 A.L.B. v. M.D.L.No. 1847 MDA 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 11 covers cases published between August 26, 2020 and September 1, 2020.
00:42 Heart Care Consultants v. Albataineh, M.No. 395 EDA 2020
03:07 Com. v. Smith, E.No. 1098 MDA 2019
04:14 Com. v. Gaston, T.No. 109 MDA 2020
05:02 Com. v. Carmenates, V.No. 1045 MDA 2019
06:37 Catanzaro, J. v. Pennell, E.No. 1792 WDA 2019
07:33 In Re: Condemnation of Land in Bristol Twp., et al. ~ Appeal of: The Bank of New York Mellon, et al. - 1325 C.D. 2019
The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 8 covers cases published between August 19, 2020 and August 25, 2020.
Full case text linked below.
00:43 C. Haveman & A. Spillane v. BPOA, et al. - 765 M.D. 2018
2:05 Com. v. Wilson, W.No. 59 MDA 2020
4:01 Com. v. Manzano, L.No. 895 MDA 2019
5:25 Com. v. Little, K.No. 2775 EDA 2019
7:04 Com. v. Rivera, W.No. 2101 EDA 2019
9:01 In the Int. of: A.C., Appeal of: D.C.No. 3251 EDA 2019
10:23 In the Int of: K.D., Appeal of: T.D.No. 24 EDA 2020
11:12 K.R. v. L.S.No. 3292 EDA 2019
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court. Episode 8 covers cases published between August 12, 2020 and August 18, 2020.
Full Text of All Addressed Cases:
Adams, J. & S. v. Erie Insurance Co.No. 954 MDA 2018
Wintersteen, M., Aplt. v. Truck Ins. Exchange - No. 13 EAP 2019
Johnson, E., Aplt. v. Phelan Hallinan & Schmieg - No. 26 WAP 2019
Commonwealth v. Bagnall, M., Aplt. - No. 38 WAP 2019
Commonwealth v. Nevels III, C., Aplt. - No. 32 WAP 2019
Com. v. Widger, K.No. 1839 MDA 2019
Com. v. South, F.No. 3237 EDA 2019
Com. v. Nunez, O.No. 3308 EDA 2019
Com. v. Meehan, E.No. 685 EDA 2019
Com. v. Risoldi, C.No. 1487 EDA 2019
Com. v. Duncan, D.No. 1308 MDA 2019
A.A. and A.M. v. Glicken, S.No. 1104 MDA 2019
Commonwealth v. Reid, A., Aplt., No. 752 CAP
D. Anderson, II v. PBPP - 813 C.D. 2019
M4 Holdings, LLC, a New Jersey limited liability company, et al. v. Lake Harmony Estates Property Owners' Association, a Pennsylvania non-profit corporation ~ Appeal of: M4 Holdings, LLC, et al. - 902, 1197 and 1424 C.D. 2019
In the Int. of: N.S., Appeal of: S.B.No. 2980 EDA 2019
In the Int. of: K.M.W., Appeal of K.W.R.No. 1537 MDA 2019
Y. White v. WCAB (City of Philadelphia) - 1463 C.D. 2019
Rose Corp. v. WCAB (Espada) - 661 C.D. 2019
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This week, the court saw cases run the gamut from dismissing claims, to finding in favor of a plaintiff in a tort claim, to addressing RRRI eligibility in sentencing for a non-violent crime. The court reinforces that it does not make exceptions to pro-se appellants in the case of Satiro v. Maninno. Even if you don’t have an attorney, you still must comply with the rules. The Court in Commonwealth v. Bradley holds that a single violent crime in your past is not enough to eliminate you from eligibility for the RRRI program. In the case of Commonwealth v. Jones-Williams, the Superior Court held that implied consent cannot replace voluntary consent in seeking a blood draw in a DUI case and in the absence of voluntary consent, you must have a warrant or a valid exception to the warrant requirement. In E.K. v. J.R.A., we find that a court cannot sua spont find a person in contempt of a court order without proper notice and an opportunity to be heard. We also have a couple of property cases and torts liability cases this week. Listen in for the full details or click the link below for the full text of all of this weeks cases.
00:43 Satiro, F. v. Maninno, A. No. 3146 EDA 2019
1:24 Com. v. Bradley, P. No. 1430 EDA 2019
2:34 Com. v. Webb, J. No. 148 WDA 2020
4:09 Com. v. Jones-Williams, A. No. 1428 MDA 2017
6:09 Burns, J. v. Cooper, B. No. 2571 EDA 2019
8:01 E.K. v. J.R.A. No. 3233 EDA 2019
10:04 A. & D. Carunchio, et al. v. Swarthmore Borough Council & Headstrong Foundation - 1379 C.D. 2017
11:45 Guiser, S. v. Sieber, M. & S. No. 674 MDA 2019
12:44 Dobransky, E. v. EQT Production Company No. 900 WDA 2019
13:50 Scalla, E. v. KWS, Inc. No. 2003 EDA 2019
In cases this week, the court, in the case of Commonwealth v. Byrd, addressed the mutual consent exception to the wiretap act. The court looked at when a new stacking waiver is required for car insurance in the case Franks v. State Farm Mutual Insurance. The court addressed two issues surrounding protection from abuse orders in the cases of Diaz v. Nabiyev and B.R.S. v. J.L. And in the case Reibenstein v. Barax, the court looks at the statute of limitations for bringing a wrongful death claim. For all the details, listen to the podcast. Full case text is linked below for this week’s cases.
Commonwealth v. Byrd, J., Aplt. - No. 34 WAP 2018
Com. v. Distefano, B. - No. 1873 WDA 2019
Franks, R. v. State Farm Mutual AutomobileNo. 2784 EDA 2019
E. Joos & A. Joos, h/w & M.E. Joos v. Bd. of Supers. of Charlestown Twp. - 1078 C.D. 2019
Diaz, N. v. Nabiyev, G. - No. 1510 WDA 2019
B.R.S. v. J.L.
R. Arlet v. WCAB (Dept. of L&I, BWC) - 1722 C.D. 2018
Reibenstein, L. v. Barax, C., M.D. - No. 1624 MDA 2019
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This week, The Supreme Court decided a case of first impression in a case addressing whether a Uber driver is considered self employed for purposes of unemployment compensation benefits. The Synthes tax case was interesting in that the Department of Revenue which is responsible for collecting taxes argued for taxes to be calculated in a way that reduced that tax burden of Synthes when ordinarily you would see the department seeking increased taxes. In a family law case, the court evaluates what action constitutes criminally negligent behavior for purposes of an indicated child abuse report. As always, the full text of all the cases for this week are linked below.
00:46 Com. v. Johnson, R.No. 2063 EDA 2018
02:24 Com. v. Leclair, C.No. 381 WDA 2019
03:12 Com. v. Hajdarevic, J.No. 21 MDA 2019
04:17 P.L. v. DHS - 1047 C.D. 201
05:35 Talmadge, S. v. Ervin, F.No. 1070 MDA 2019
07:07 Metal Green Inc. & NOA Properties Inc. v. City of Philadelphia, et al. ~ Appeal of: W. Kraemer III & M. Kraemer - 373 C.D. 2019
08:39 Synthes USA HQ, Inc. v. Com. - 108 F.R. 2016
10:08 H. Podejko, et al. v. DOT, et al. v. H.M. Kastler, Executrix of The Estate of J.G. Bunnell - 714 C.D. 2019
11:35 S. Zimmerman v. UCBR - 649 C.D. 2019
13:03 Lowman, D. v. UCBR, Aplt. - No. 41 EAP 2018
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The Pennsylvania Case Law Update While You Drive Podcast provides an update in 20 minutes or less, of all precedential cases published in the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and The Pennsylvania Supreme Court.
This week’s cases covered everything from administrative law, lots of criminal cases, a labor law case, tax law and wrongful death. The Supreme Court was very active. In the Temple case, the court found that a court can sua sponte issue a mistrial even when neither party request it, but only when there is an exceedingly clear error that results in manifest injustice. In Com. v. McClelland, the court held hearsay evidence alone is insufficient to establish a prima facie case at a preliminary hearing, specifically overruling previous case law. And in the case of Maas v. UMPC, the court held a mental health provider owes a duty to warn an intended victim of a patients threats even if they are not identified by name if they are a readily identifiable group based on the context of the threats.
Many other issues were covered including the doctrine of Res Ipsa Loquitor, separation of powers in relation to the judiciary, hearsay when reading from a text in a civil trial and more.
Crown Castle NG East LLC, et al v. PUC, Aplt
Temple, J., Aplt. v. Providence Care Center
Com. v. Talley, D.
Commonwealth v. McClelland, D., Aplt.
Commonwealth v. Hamlett, J., Aplt.
Commonwealth v. Wolfel, K., Aplt.Commonwealth v. Smith, B., Aplt
Commonwealth v. King, J., Aplt
Commonwealth v. Montgomery, D., Aplt
Commonwealth, Aplt. v. Witmayer, M & Lacombe
In Re: The Ellwood City Community Health Foundation, a Pennsylvania Nonprofit Corporation ~ Appeal of: The Ellwood City Community Health Foundation
Charlton, A. v. Troy, S.
Lageman, E. v. Zepp, J., IV, D.O.
Renner, M., Aplt. v. CCP of Lehigh Co., et al
Kuharchik Construction, Inc. v. Com. of PA
Maas, L. v. UPMC, Aplts
Walsh v. BASF Corporation; Apl of: Dow, et al
Thank you for joining us in episode 4 of the Pennsylvania Case Law Update While you Drive Podcast. Pennsylvania Courts. This week we had a case addressing personal jurisdiction and minimum contacts in the Fulano v. Fanjul Corp. case, several contracts cases addressing employment contracts, construction defect and binding arbitration, and agreement absent a formal writing. The criminal cases focused primarily on the PCRA law and one interesting case, Commonwealth v. Rankin, regarding double jeopardy and collateral estoppel which is unusual in a criminal case. We also had a custody case involving mental health records, and an issue with first amendment right to access names of jurors in the Commonwealth v. Held, Appeal of TribTotal Media case. The full text to each case is linked below.
Fulano, J. v. Fanjul Corp. No. 3291 EDA 2018
Szwerc, M. v. Lehigh Valley Health Network No. 2500 EDA 2019
D'Amelia, M. v. Toll Bros, Inc. No. 3709 EDA 2018
S. & J. Baribault v. ZHB of Haverford Twp. and Haverford Twp. - 1211 C.D. 2019
Com. v. Rankin, J. No. 856 WDA 2018
Com. v. Larkin, R. No. 2761 EDA 2018
Larkin Concurring opinion
Com. v. Johnson, J. No. 1620 EDA 2018
Johnson Concurring Opinion
Com. v. Brown, J. No. 3490 EDA 2018
Com. v. Allison, H. No. 17 WDA 2020
Com. v. Vo, K. No. 1422 EDA 2019
C.L. v. M.P. No. 1958 MDA 2019
C.L. v. M.P Dissenting Opinion
Com. v. Held, J., Appeal of: TribTotal Media No. 81 WDA 2019
S. Wells v. UCBR - 595 C.D. 2019
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It was a busy week in Pennsylvania Courts. This week, we have cases addressing the legality of life imprisonment without parole for juvenile offenders, handling inconsistent verdicts, proper notice for Tender Years Hearsay Act testimony and sufficiency of evidence in a criminal case. We also had cases about CYS and indicated child abuse reports, procedural issues in a summary hearing, municipal law regarding the railroad authroity and much more. Listen if for a summary of all the cases the full text can be found in the links below.
00:48 Com. v. Dejesus, J. 2020 PA Super 158 No. 883 EDA 2018 (Filed July 6, 2020)
02:23 Dejesus Dissenting Opinion
02:38 Com. v. Burton, H. 2020 PA Super 157 No. 868 EDA 2019(Filed July 6, 2020)
04:15 Com. v. Steele, C. 2020 PA Super 156 No. 23 WDA 2019 (Filed July 6, 2020)
05:49 Com. v. Luster, D. 2020 PA Super 153 No. 953 WDA 2019 (Filed July 6, 2020)
06:56 Com. of PA v. W. & N. Clementi - 1381 C.D. 2019 (Filed July 6, 2020)
08:29 Lancaster Cty. C & Y Social Srvcs. Agency v. DHS - 1255 C.D. 2019 (Filed July 1, 2020)
10:33 E.W. Hinderliter v. Bureau of Driver Licensing - 1397 C.D. 2018 (Filed July 6, 2020)
12:20 Reading Blue Mountain & Northern Railroad v. Seda-Cog Jt. Rail Auth., et al. - 1627 & 1628 C.D. 2018 (Filed July 6, 2020)
13:11 Bowman, L. v. Rand Spear & Assoc. 2020 PA Super 155 No. 1245 EDA 2019 (Filed July 6, 2020)
13:56 E. Spivey v. UCBR - 1044 C.D. 2019 (Filed July 6, 2020)
14:44 J. Rusecky v. UCBR - 169 C.D. 2019 (Filed July 7, 2020)
15:39 In Re: Merger of: Univ. Vol. Fire Dept. into Pt. Breeze Vol. Fire Assoc. ~ Appeal of: Penn 7 Vol. Fire Dept. & N. Bessemer Vol. Fire Dept. - 1060 C.D. 2019 (Filed July 1, 2020)
17:29 Pennsylvania State Corrections Officers Association v. Commonwealth of Pennsylvania Department of Corrections, No. 1057 C.D> 2019 (Filed July 1, 2020)
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In this week’s Pennsylvania Case Law While You Drive Update, we will take a look the importance of procedural requirements and how small missteps can result in a big outcome in a case. In the case of Commonwealth v. Lites, the Superior court took a look at mandatory minimum sentences for repeat violent criminals. The statute for burglary in 1994 as compared to the current statute is evaluated to see if the old convction is considered a prior crime of violence. The Commonwealth Court reviews eligibility for unemployment compensation when an employee was laid off while incarcerated and the charges for which he was incarcerated were later dismissed by the prosecution in the case Gosner v. Unemployment Compensation Review Board,. In a property law case, Kuhstoss v. Steele, the court had to determine when injunctive relief was appropriate in a litigation about a prescriptive easement and in a wrongful death case, Albert v. Sheeley’s Drug Store, the court reviews the in pari delicto doctrine and its defense in determining whether the decedent played a role in the wrongful conduct for which he seeks redress. Finally the Pennsylvania Supreme Court ruled in favor of Governor Wolf in finding that the language is the Emergency Management Statute that allowed for a concurrent resolution by the legislature to force the governor to end the state of emergency was unconstitutional.
For the complete text of this weeks cases, follow the links below.
Carr v. Michuck, 2020 PA Super 151 No. 1562 WDA 2019 (Filed June 26, 2020)
Murray v. American LaFrance, LLC, 2020 PA Super 149 No. 2105 EDA 2016 (Filed June 25, 2020)
Commonwealth v. Lites, 2020 PA Super 152 No. 822 EDA 2018 (Filed June 29, 2020)
Gosner v. Unemployment Compensation Board of Review, No. 552 C.D. 2019 (Filed June 30, 2020)
Kuhstoss v. Steele, 2020 PA Super 150 No. 1092 WDA 2019 (Filed June 25, 2020)
Kuhstoss Dissent
Albert v. Sheeley’s Drug Store, 2020 PA Super 154 No. 853 MDA 2019 (Filed June 30, 2020)
Wolf v. Scarnati, J-62-2020 No. 104 MM 2020 (Filed July 1, 2020)
Dougherty Concurring and Dissenting Opinion
Saylor Dissenting Opinion
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In this week’s edition we take a look into Criminal Law, Education Law, Employment Law, the PCRA and Property law.
Some highlights - the PA Supreme Court struck down a Lebanon County policy which prohibited the use of medical marijuana even by those with a valid medical marijuana card in Gass v. Lebanon County. In the case of Com. v. Bright, the Court held that for a defendant to gain access to the identity of a confidential informant (CI), the defendant must show that the disclosure is reasonable and the information sought is material to the defense. In Education, the Supreme Court held that a surveillance video from a school bus is not exempt under FERPA or the Right to Know Law and must be disclosed, but because the identity of the students is protected, the video must first be redacted so as not to disclosed protected identity information. In Employment, the Begovic case analyzed what must be met to be considered self-employed vs. an independent contractor for purposes of unemployment compensation.
In a PCRA case, the court evaluated exceptions to the 1-year time bar on filing a PCRA petition, finding that unless a case has been previously found to be retroactive, new case law declaring your sentence unconstitutional does not provide an exception to the 1-year rule.
Criminal 0:51Melissa Gass, et. al v. Lebanon County. No. 118 MM 2019 01:39Commonwealth v. Bright. No. 2075 EDA 2019 02:18Commonwealth v. Starr. No. 748 WDA 2019 For more info, please visit www.TheMcShaneFirm.com
Education03:12Easton Area School District v. Rudy Miller and the Express Times No. 13 MAP 2019
04:37Hazleton Area School District v. Central Columbia School District No. 757 C.D. 2019
Employment
05:41Mirsada Begovic v. Unemployment Compensation Board of Review No. 682 C.D. 2019
Post-Conviction Relief-Act
07:18Commonwealth v. Anderson No. 545 WDA 2019 08:15Commonwealth v. Tyler No. 1639 MDA 2019
For more details about PCRA click here.
Property Law
08:55SDO Fund II D32,LLC v. Donahue. No. 889 MDA 2019 09:49Dechert LLP v. Pennsylvania Department of Community and Economic Development
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Join us once a week as we update you on the going's on in our Pennsylvania Courts. Including the Pennsylvania Superior Court, The Pennsylvania Commonwealth Court and the Pennsylvania Supreme Court. Join us weekly and never miss a beat.
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