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  • In re Trust B Under Agreement of Wells

    Publication Date: 2024-04-05
    Practice Area: Trusts and Estates
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5 WAP 2023

    Charitable foundation appealed the denial of its motion to terminate a trust and court found orphans' court acted within the discretion afforded it by 20 Pa.C.S. §7740.3(e) and foundation failed to satisfy the high standard for termination in §7740.3(e). Affirmed.

  • Pennsylvania State Educ. Ass'n v. Pub. Sch. Employees' Ret. Bd.

    Publication Date: 2024-04-05
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 90 MAP 2022

    Associations of teacher's unions had associational standing to challenge Public School Employees' Retirement Board's resolution that created confusion over the applicability of the withdrawal liability statute in specific circumstances. Order of the commonwealth court reversed, case remanded.

  • In the Interest of T.Q.B.

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 71 MAP 2023

    Appellant appealed her adjudication as delinquent for posting an Instagram live video of another child's under breast and court found 18 Pa.C.S. §6321(g) did not require exposure of the nipple to meet the definition of "nudity." Affirmed.

  • Commonwealth v. Lehman

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 41 WAP 2022

    Parolee residing in community correctional facility as a condition of parole was "committed to" the facility and thus qualified as an "inmate" under the second-degree drug possession statute. Order of the superior court reversed.

  • In the Interest of: N.E.M.

    Publication Date: 2024-04-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 8 EAP 2023

    Juveniles adjudicated delinquent and ordered to out-of-home placement could seek expedited review of their placement as of right, with the superior court not having the discretion to deny review. Order of the superior court reversed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Pennsylvania Interscholastic Athletic Ass'n, Inc. v. Campbell

    Publication Date: 2024-03-15
    Practice Area: Public Records
    Industry: Entertainment and Leisure | Non-Profit | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 71 MAP 2022

    Appellant Pennsylvania Interscholastic Athletic Association sought review of the Commonwealth Court's judgment affirming a decision of the Office of Open Records that deemed appellant subject to the Right-to-Know Law. The court affirmed.

  • KEM Res., LP v. Deer Park Lumber, Inc.

    Publication Date: 2024-03-15
    Practice Area: Energy and Natural Resources
    Industry: Energy | Food and Beverage | Mining and Resources | Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10 MAP 2023

    Superior court properly found that KEM's accounting claim relating to an oil and gas lease payment was a statutory claim for an accounting between co-tenants under 68 P.S. §101 and the statute of limitations for such a claim was six years. Affirmed.

  • Commonwealth v. Smith

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6 EAP 2023

    Post Conviction Relief Act courts should stay rather than dismiss timely petitions filed during the pendency of a facially untimely direct appeal pending resolution of the timeliness of the direct appeal, as such resolution was necessary to determine whether the PCRA court had jurisdiction. Order of the superior court reversed, case remanded.

  • Commonwealth v. Chambers

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 EAP 2023

    Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.

  • Salsberg v. Mann

    Publication Date: 2024-03-15
    Practice Area: Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 7 EAP 2022

    Although an at-will employee could assert a tortious interference with business relations claim against third party, a supervisor acting within the scope of their employment did not qualify as a third party. Judgment of the superior court affirmed.