• 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.

  • 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.

  • 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.

  • Vinculum, Inc. v. Goli Tech., LLC

    Publication Date: 2024-03-08
    Practice Area: Contractual Disputes
    Industry: Consulting | E-Commerce | Recruitment and Staffing
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 74 MAP 2022

    Superior court erred in denying attorney fees in appellant's action over a non-compete agreement and erred insofar as it imposed an absolute bar on the award of damages after the non-compete period expired but appellant did not establish at trial that it suffered lost-profit damages extending beyond the non-compete period. Reversed in part and affirmed in part.

  • Ursinus Coll. v. Prevailing Wage Appeals Bd.

    Publication Date: 2024-03-08
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18 MAP 2023

    Commonwealth court properly found college's project fell outside the purview of the Prevailing Wage Act and it was not "paid for in whole or in part out of the funds of a public body" by virtue of authority's role in providing conduit financing for the project under the circumstances in this case. Affirmed.

  • 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

    View this Book

    View more book results for the query "*"

  • Hawbaker v. Commonwealth of Pennsylvania Dep't of Transp.

    Publication Date: 2023-12-11
    Practice Area: Administrative Law
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20 MAP 2022

    Commonwealth court erred in exercising equitable jurisdiction over contractor's challenge to debarment proceedings where state agency's administrative procedures would afford opportunity for contractor to raise its due process and factual challenges, Order of the commonwealth court reversed and remanded.

  • J.C.D. v. A.L.R.

    Publication Date: 2023-11-06
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 13 MAP 2023

    Parents could not immediately appeal trial court order determining that grandparents had standing to pursue partial custody of parents' children where parents' fundamental rights would not be irreparably harmed or lost in the absence of immediate appellate review since appellate courts could review the issue of standing on appeal from a final custody order. Order of the superior court affirmed.

  • Commonwealth v. Towles

    Publication Date: 2023-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 796 CAP

    Defendant appealed the Post Conviction Relief Act court's order dismissing his second petition for post conviction relief as untimely filed and, alternatively, as lacking merit. The court affirmed.

  • McLaughlin v. Nahata

    Publication Date: 2023-08-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7 WAP 2022

    Lower courts found hospital could seek indemnity and contributions from clinic as the doctors' actual employer but court found if hospital and clinic were determined to be vicariously liable for the negligence of the doctors via principles of ostensible agency under the Medical Care Availability and Reduction of Error Act and respondeat superior, hospital could obtain contribution but not indemnity from clinic because law did not permit a party that was vicariously liable in tort to obtain indemnity from another party that was vicario

  • Commonwealth v. Rivera

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 MAP 2022

    Eliciting testimony regarding defendant's post-arrest silence usually constituted prejudicial error warranting a new trial since defendants could not be penalized for exercising constitutional right to silence. Order of the superior court vacated in part, case remanded for new trial.