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  • The Marcellus Shale Coal. v. Dep't of Envt'l Prot.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: Energy | Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 69 MAP 2021

    Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.

  • Vellon v. Dep't of Transp.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 39 MAP 2022

    Commonwealth court erred in upholding appellant's sentence on his first DUI where appellant was sentenced to two DUI's on the same day and trial court found both offenses had to be considered prior offenses to each other because subsection 3806(b)(3) made clear that when two or more judgments of sentence were entered on the same day, that timing did not impact the calculation of the sentences as a prior offense at the time of sentencing on the present violation. Reversed.

  • Commonwealth v. Rollins

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 70 MAP 2022

    Appellant appealed his sentence, contending the vehicle code provision that he violated was unconstitutionally vague for failing to specify a maximum term of imprisonment. The court affirmed the Superior Court's order affirming appellant's judgment of sentence.

  • Shrom v. Pennsylvania Underground Storage Tank Indemnification Bd.

    Publication Date: 2023-05-08
    Practice Area: Environmental Law
    Industry: Energy | Retail | State and Local Government
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 MAP 2022

    Commonwealth court correctly reversed board's decision that plaintiffs were ineligible for payments from the Underground Storage Tank Indemnification Fund because §706(3) of the Storage Tank And Spill Prevention Act required the USTs to be registered and the §503 registration fees to have been paid at any time prior to the fund's eligibility decision and appellees paid the fees prior to that decision. Affirmed.

  • County of Fulton v. Sec'y of the Commonwealth

    Publication Date: 2023-05-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3 MAP 2022

    Court sanctioned county and its counsel for willful violations of protective order prohibiting third-party inspections of voting machines that had been decertified by the secretary of the commonwealth. Respondent's application for contempt and sanctions granted.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Franks v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2023-05-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 42 MAP 2022

    Appellants appealed the Superior Court's decision affirming the trial court's determination that they were not entitled to stacked underinsured motorist coverage after they removed a vehicle from their multi-vehicle insurance policy without executing a new stacked coverage waiver. The court affirmed.

  • Commonwealth v. Perrin

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 EAP 2022

    Parties' joint stipulation affirming witness's credibility in motion for new trial was not valid or enforceable where trial court possessed sole discretion regarding credibility determinations. Order of the superior court affirmed.

  • Commonwealth v. Green

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 WAP 2022

    Juvenile Code imposed strict deadline for trial court's ruling on juvenile's decertification petition, with no legislative text indicating a basis to adopt good cause exceptions to the deadline, such that the trial court's untimely order was a legal nullity and defendant's petition was denied by operation of law. Order of the superior court affirmed.

  • Yount v. Pennsylvania Lawyers Fund for Client Sec.

    Publication Date: 2023-04-03
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2842 DD3

    Hearing committee properly found that attorney's subpoena for hearing recording under Pa.R.D.E. 521(c) was invalid because that rule was only valid for summoning witnesses to testify at the hearing. Affirmed.

  • United States v. Harris

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 EAP 2022

    Court responded to a certified question from the third circuit and held that the use or attempted use of physical force was not an element of the crime of aggravated assault under 18 Pa.C.S. §2702(a)(1). Question answered.