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  • Shoul v. Dept of Transportation

    Publication Date: 2017-12-26
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1855

    Trial court erred in holding that 75 Pa. C.S. §1611(e) violated appellees substantive due process rights under the Pennsylvania constitu-tion and correctly found that the revocation of appellees CDL constituted punishment but the case was remanded because the record was insufficiently developed to determine whether §1611(e)s application to appellee was grossly disproportionate to his crime. Reversed in part, vacated in part and remanded.

  • Nextel Communications of the Mid-Atlantic, Inc. v. Dept of Revenue

    Publication Date: 2017-11-07
    Practice Area: Tax
    Industry: Aerospace | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1670

    Commonwealth Court correctly found that the net loss carryover provision violated the uniformity clause of the Pennsylvania constitution but erred in its remedy of striking all caps in the NLC because that remedy contravened the legislatures intent and the proper remedy was to sever the $3 million flat deduction. Affirmed in part and reversed in part.

  • Coughlin v. Massaquoi

    Publication Date: 2017-10-17
    Practice Area: Evidence | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1562

    Superior Court properly affirmed trial courts denial of appellants motion in limine to bar the evidence of pedestrians BAC, in automobile accident that killed pedestrian, because the BAC evidence was admissible if the trial court determined that it reasonably established a pedestrians unfitness to cross the street.