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Publication Date: 2024-03-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 65 MAP 2022
Court vacated commonwealth court's order dismissing appellant's petition and its motion for summary relief in its action seeking to have its elders covered by the clergyman privilege as to mandatory reporting of child sex abuse, because commonwealth court's determinations that appellant did not have standing and that a grant of declaratory relief would not terminate the controversy violated the coordinate jurisdiction rule. Reversed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Todd
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Case Number: 71 MAP 2021
Insurance rehabilitator possessed broad statutory authority to propose and implement plan for the rehabilitation of a financially-distressed insurer, including when that plan would affect policies issued in other states. Order of the commonwealth court affirmed.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 40 MAP 2022
The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell
Publication Date: 2024-02-09
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 8 WAP 2023
Appellants appealed the trial court's denial of their motion to dismiss appellee's complaint to establish paternity. The court reversed and remanded, holding that a marital couple's separation prior to the filing of a paternity action does not, per se, preclude application of the presumption of paternity.
Publication Date: 2023-12-18
Practice Area: Tax
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 20 EAP 2022
Because state and local taxes could not be aggregated for purposes of a dormant Commerce Clause analysis, Philadelphia's tax scheme was constitutional where it afforded a credit for local taxes paid by resident who worked in another state, as the city was not obligated to also credit state income taxes paid to the other state. Order of the commonwealth court affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-12-11
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Todd
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Case Number: 22 EAP 2022
No felony conviction recovery rule barred mental health patient from seeking indemnification and damages arising from the patient's intentional murders. Order of the superior court affirmed.
Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry: Technology Media and Telecom
Court: Supreme Court
Judge: Justice Todd
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Case Number: 19 WAP 2022
Summary document created by ShotSpotter testimony was nontestimonial in nature because its primary purpose was to assist law enforcement with responding to a potential ongoing emergency rather than to document past events for criminal prosecution, and thus the summary's admission did not violate defendant's Confrontation Clause rights. Order of the superior court affirmed.
Publication Date: 2023-10-16
Practice Area: Legislation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 22 EAP 2021
Act 12 of 2019 did not violate the legislative enactment requirements under Article III of the Pennsylvania Constitution where the bill's provisions were related to the single subject of benefits for low-income individuals and the bill's initial purpose of eliminating the commonwealth's cash assistance program in favor of health-related benefits. Order of the commonwealth court affirmed.
Publication Date: 2023-10-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 17 WAP 2022
Appellant appealed the Superior Court's holding that a trial court lacked jurisdiction to correct a patent and obvious error in a sentencing order where the defendant's request for correction fell outside the time limits of the Post Conviction Relief Act. The court held that it was unnecessary to reach that issue where there was no patent and obvious sentencing error in the first instance.
Publication Date: 2023-06-05
Practice Area: Wrongful Death
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Todd
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Case Number: 6 WAP 2022
Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.
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