• BouSamra v. Excela Health

    Publication Date: 2019-07-01
    Practice Area: Civil Procedure
    Industry: Health Care | Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0739

    The high court concluded that remand was necessary for application of a newly articulated work product waiver analysis providing that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner that significantly increases the likelihood that an adversary/anticipated adversary will obtain such disclosure. The high court affirmed in part, reversed in part and remanded.

  • Hiko Energy, LLC v. Pennsylvania Pub. Utility Comm'n

    Publication Date: 2019-06-24
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0719

    A $1.8 million penalty imposed upon electricity supplier was affirmed where supplier waived constitutional challenge by failing to timely raise the issue and where intentional overcharging of customers provided substantial evidence to support size of penalty.

  • Working Families Party v. Commonwealth

    Publication Date: 2019-06-24
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0724

    Commonwealth court properly found that challenged anti-fusion provisions of the election code did not violate the equal protection clause of the United States constitution or Art. 1, §§5, 7, and 20 of the Pennsylvania constitution. Affirmed.

  • 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.

  • Commonwealth v. Cox

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0389

    Denial of Atkins claim vacated where PCRA court erroneously relied upon lay family members' failure to intervene as evidence of defendant's lack of functional problems and where PCRA court failed to explain credibility and factual determinations of competing expert testimony. Order of the PCRA court vacated and remanded.

  • Szabo v. Dep't of Transp.

    Publication Date: 2019-03-04
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0239

    Commonwealth court properly reversed the trial court's denial of appellees' petition for an evidentiary hearing in a condemnation case even though the time for filing preliminary objections had passed because DOT misled appellees by inadequately identifying the extent or effect of the taking and denied them the opportunity to secure just compensation. Affirmed.

  • Commonwealth v. Williams

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1438

    PCRA petition raising claims of trial error was properly dismissed as waived or previously litigated, where appellant's claim that standby direct appeal counsel usurped or unduly interfered with appellant's self-representation on appeal was unsupported by record evidence showing appellant acquiesced to counsel's assistance. Order of the PCRA court affirmed.

  • Stapas v. Giant Eagle, Inc.

    Publication Date: 2018-12-04
    Practice Area: Civil Appeals | Damages
    Industry: Retail
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1451

    Superior court erred in granting defendant a new trial on damages in plaintiff's negligence action because defendant's challenge was not grounded in the weight of the evidence but was a challenge to the jury verdict, which defendant waived by failing to object before the trial court dismissed the jury. Reversed.

  • Dolan v. Hurd Millwork Co., Inc. et al

    Publication Date: 2018-10-30
    Practice Area: Civil Appeals | Deals and Transactions | Judges
    Industry: Construction | Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1290

    Where the trial court's Pa.R.A.P. 1925(b) opinion is deemed inadequate and the trial judge is unavailable to provide a supplemental opinion, the appellate court should review the legal issues raised in appellant's rule 1925(b) statement of errors complained of on appeal. The high court reversed and remanded.

  • C.G. v. J.H.

    Publication Date: 2018-10-09
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1200

    Trial court properly denied former unmarried partner in loco parentis standing where partner failed to assume or discharge parental duties during the parties' relationship and partner's post-separation conduct was consistent with this pre-separation conduct. Order of the superior court affirmed.