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Publication Date: 2020-11-30
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1292
Capital crime defendant not entitled to Atkins instruction during penalty phase where defendant failed to present evidence that met the criteria for intellectual disability under Atkins case law. Judgment of sentence of death affirmed.
Publication Date: 2020-11-30
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1286
The trial court properly denied appellee Donald J. Trump, Inc. more proximate access to canvassing activities being carried out by the Philadelphia County Board of Elections as the Board fully complied with the Election Code, which grants an opportunity to broadly observe canvassing process but does not set a minimum distance between authorized representatives and such activities. The high court reversed the commonwealth court.
Publication Date: 2020-11-30
Practice Area: Damages
Industry: Construction | Energy
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1297
Superior court properly held trial court abused its discretion in granting a new trial as to all of appellant's damages in action over his injuries from an accidental electrocution and court found there was no per se rule with respect to the types of damages to be considered at a new trial and it was within the discretion of a trial court to award a new trial on all damages or only on certain damages. Affirmed.
Publication Date: 2020-11-09
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1216
Secretary of the commonwealth's directive to county election boards correctly stated the law of the Election Code where it contained no statutory provision requiring county boards to conduct a signature comparison for absentee or mail-in ballots or reject ballots on such a basis. Petition for declaratory judgment granted.
Publication Date: 2020-09-28
Practice Area: Civil Rights
Industry: Education | State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1063
Commonwealth court erred in holding that Pennsylvania Human Relations Act's equitable tolling provision did not toll the time requirement for complaints filed by minors because PHRA's equitable tolling provision was ambiguous and under the tolling provision, the limitations period could be tolled during a child's period of minority. Reversed.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2020-08-31
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0938
Superior court properly found that insurer was permitted to withhold general contractor overhead and profit expenses from its actual cash value "step one" payments to policyholders after their homes were damaged because policyholders did not undertake repairs. Affirmed.
Publication Date: 2020-08-03
Practice Area: Civil Rights
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0822
Commonwealth court properly found that CCP was immune from suit in appellant's discrimination and retaliation action under the PHRA and court found application of the PHRA to the judiciary and its employees infringed on the court's ability to administer the courts, promulgate rules and policies and supervise its employees and violated the separation of powers. Affirmed.
Publication Date: 2020-06-01
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0548
Vacating order terminating sentence of intermediate punishment following defendant's subsequent arrest violated due process where trial court did not condition the order of termination on defendant's future conduct. Order of the superior court reversed.
Publication Date: 2020-05-11
Practice Area: Civil Procedure
Industry: Health Care
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0482
Superior court erred in considering appellees' argument that trial court erred by not personally observing the demeanor of prospective jurors during voir dire because appellees waived the issue for appellate review by making no contemporaneous or pretrial objections to trial judge's absence. Vacated.
Publication Date: 2020-04-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0359
PCRA court properly granted new penalty trial where trial counsel was ineffective for failing to obtain and investigate other mental health evidence and witnesses that could have led the jury to find other mitigating factors and decline to impose the death penalty. Order of the PCRA court affirmed.
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