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Publication Date: 2023-09-11
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 29 WAP 2022
Lower courts properly held that company's act of purchasing and providing beer for company golf outing was insufficient to trigger civil liability for injuries caused by its intoxicated guest and Dram Shop Act was inapplicable as was common law negligence. Affirmed.
Publication Date: 2023-09-11
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 20 WAP 2022
Superior court erred in reversing orphans' court's finding a trust was void because the power of attorney under which the trust was created was void ab initio because it was not executed as prescribed by subsection 5601(b)(3) of the probate, estates and fiduciaries code and court held the POA was legally non-existent and the trust a legal nullity. Judgment vacated.
Publication Date: 2023-09-11
Practice Area: Public Records
Industry: Legal Services | Non-Profit | State and Local Government
Court: Supreme Court, Wecht
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 44 MAP 2022
Commonwealth court abused its discretion to remand Right-to-Know Law case for further factfinding where neither party requested to supplement the record and the commonwealth court had not identified any outstanding question or fact or law. Order of the commonwealth court vacated.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 27 WAP 2022
Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.
Publication Date: 2023-09-04
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 796 CAP
Defendant appealed the Post Conviction Relief Act court's order dismissing his second petition for post conviction relief as untimely filed and, alternatively, as lacking merit. The court affirmed.
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Publication Date: 2023-08-14
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 109 MAP 2022
Child's biological father challenged termination of his parental rights where child's mother failed to demonstrate "cause shown" to excuse the requirement that she relinquish her parental rights prior to the child's adoption by her long-term partner. The court remanded for further proceedings after addressing the analytical framework governing a party's demonstration of cause to permit an adoption by a parent's long-term partner who is not the parent's spouse.
Publication Date: 2023-08-14
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 7 WAP 2022
Lower courts found hospital could seek indemnity and contributions from clinic as the doctors' actual employer but court found if hospital and clinic were determined to be vicariously liable for the negligence of the doctors via principles of ostensible agency under the Medical Care Availability and Reduction of Error Act and respondeat superior, hospital could obtain contribution but not indemnity from clinic because law did not permit a party that was vicariously liable in tort to obtain indemnity from another party that was vicario
Publication Date: 2023-08-14
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 57 MAP 2022
Plain text of Section 401 of Pennsylvania Securities Act contained no language indicating that legislature intended to impose scienter requirement for civil liability, although other provisions of the act allowed defendants to assert lack of knowledge of falsity as an affirmative defense. Order of the superior court affirmed.
Publication Date: 2023-08-07
Practice Area: Business Torts
Industry: Insurance
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 13 WAP 2022
Trial court could use a per-defendant approach to calculating the compensatory-to-punitive damages ratio to assess the constitutionality of a punitive damages award, even though the trial court imposed a joint and several compensatory damages award on defendants. Order of the superior court affirmed.
Publication Date: 2023-07-10
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 37 WAP 2022
Trial courts were to consider child's need for permanency and stability equally and should also consider intangibles such as the parent-child bond, including whether the bond was necessary and beneficial for a child and whether its severance would cause extreme, irreparable harm to a child. Order of the superior court vacated, case remanded.
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