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  • Rufo v. Bd. of License and Inspection Review

    Publication Date: 2018-10-02
    Practice Area: Administrative Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1168

    Commonwealth court erred in holding city ordinance, which required windows with frames and glazing and doors in vacant buildings, un-constitutional because its reasoning did not account for the longstanding principle that ordinances enjoyed the presumption of constitutional validity and plaintiff failed to offer any evidence or persuasive argument to overcome the presumed constitutionality. Vacated.

  • Hanrahan v. Bakker

    Publication Date: 2018-07-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0767

    Courts obligated to consider reasonable needs of children in determining support obligations in high-income cases. Order of the superior court vacated, case remanded.

  • Commonwealth v. Delgros

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0535

    Criminal defendant entitled to raise ineffective assistance of counsel claims in post-trial motions where otherwise ineligible to assert such claims on PCRA review. Order of the superior court reversed, case remanded.

  • Cnty. of Allegheny v. Workers Compensation Appeal Bd. (Parker)

    Publication Date: 2018-02-06
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0109

    Workers Compensation Act did not authorize an order providing for reimbursement of unreasonable contest counsel fees, even where the employer was later ruled to have a reasonable basis to contest liability. Order of the commonwealth court reversed.

  • Commonwealth v. Wholaver

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0106

    Brady violation claim dismissed where trial counsel obtained and utilized evidence of commonwealth witnesses legal troubles and subsequent favorable treatment following their cooperation as means to impeach their testimony, since additional impeachment evidence would merely have been cumulative. Order of the PCRA court affirmed.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Skotnicki v. Ins. Dept

    Publication Date: 2018-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0029

    Commonwealth court correctly refused to apply collateral estoppel when appellant argued that consumer services investigative report, issued in response to his appeal of the nonrenewal of his insurance policy, barred insurer from relitigating whether it violated Act 205 in cancelling his insurance because the regulations which implemented Act 205 determined that the matter was not finally adjudicated on its merits until the commissioner entered an order. Affirmed.

  • Commonwealth v. $34,440.00 U.S. Currency

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1914

    Under the presumption set forth at 42 Pa.C.S.§6801(a)(6)(ii) of the Controlled Substances Forfeiture Act, proof of proximity of cash and controlled substances is sufficient to establish the substantial nexus necessary for forfeiture; however, the intermediate court erred in finding that the acts innocent owner defense was claimants only method for rebutting that presumption. The high court affirmed in part and reversed in part

  • In the Interest of D.C.D.

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1663

    Juvenile court properly exercised discretion ordering early termination of delinquency supervision. Order of the trial court affirmed.

  • Rancosky v. Washington Natl Ins. Co.

    Publication Date: 2017-10-24
    Practice Area: Attorney Work Life Balance | Insurance Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1514

    The Superior Court correctly vacated the trial courts judgment and applied the Terletsky test to decedents bad faith claim against insurer pursuant to Pa.C.S.8371 because trial court erred in demanding proof of insurers subjective motive of ill-will or self-interest. Affirmed

  • Lomas v. Kravitz

    Publication Date: 2017-10-17
    Practice Area: Civil Appeals | Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1554

    Recusal motion untimely when filed six weeks after party admitted learning of facts that could support their motion.