• Commonwealth v. Griffin

    Publication Date: 2019-05-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0583

    The superior court did not err in affirming separate consecutive second strike mandatory minimum sentences for each conspiracy conviction and underlying crime conviction since under 42 Pa.C.S. §9714, a second-strike offender such as defendant is to receive separate mandatory minimum sentences for a conspiracy conviction and underlying offense conviction when both are listed as "crimes of violence." The high court affirmed defendant's judgment of sentence.

  • Harmon v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0573

    Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.

  • Melmark, Inc. v. Schutt

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0561

    Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.

  • Germantown Cab Co. v. Philadelphia Parking Auth.

    Publication Date: 2019-05-13
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0556

    Equal assessment of regulatory costs of taxicab oversight on medallion and partial rights taxicabs did not constitute deprivation of substantive due process where it furthered legitimate governmental objective of ensuring safety of taxicab industry. Order of the commonwealth court reversed, case remanded.

  • Commonwealth v. Frein

    Publication Date: 2019-05-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0530

    While the victim impact evidence admitted by the trial court in this case may have been unnecessarily extensive, defendant failed to establish that he was prejudiced by the admission of such evidence where the jury found several aggravating circumstances but no mitigating factors. The high court affirmed defendant's judgment of sentence.

  • Commonwealth v. Perfetto

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0553

    Compulsory joinder statute required dismissal of misdemeanor DUI charges before municipal court when defendant was previously convicted by the traffic division of the municipal court of a summary traffic offense arising from the same incident. Order of the superior court reversed, order of the trial court reinstated.

  • Commonwealth v. Machicote

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0549

    The superior court erred in holding that the trial court's failure to address the factors set forth in Miller v. Alabama on record was moot, as a court sentencing a juvenile for a crime for which life without parole is an available sentence must review on record the Miller factors, regardless of whether the defendant is ultimately sentenced to life without parole. The high court vacated defendant's judgment of sentence and remanded.

  • Sands Bethworks Gaming, LLC v. Dep't of Revenue

    Publication Date: 2019-05-13
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0562

    Casinos challenged the constitutionality of provisions of the gaming act creating the casino marketing and capital development account and the court found the provisions violated the fourteenth amendment and severed them from the act. Provisions severed and refund ordered.

  • County of Butler v. CenturyLink Commc'ns, LLC

    Publication Date: 2019-05-13
    Practice Area: Telecommunications
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0531

    Counties could not sue telecommunications providers for failure to collect fees in violation of the 911 Act where the statute vested exclusive enforcement authority with PEMA. Order of the commonwealth court reversed.

  • Merscorp Inc. v. Delaware County

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0532

    County recorders appealed the commonwealth court's reversal of the trial court's decision to overrule appellees' preliminary objections in recorders' action asserting 21 P.S. §351 mandated the recording of all conveyances, including mortgage assignments, and the court found the commonwealth court correctly held that §351 did not impose a mandatory duty to record. Affirmed.