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Publication Date: 2024-04-05
Practice Area: Trusts and Estates
Industry: Education
Court: Supreme Court
Judge: Justice Wecht
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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.
Publication Date: 2024-04-05
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Wecht
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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.
Publication Date: 2024-03-15
Practice Area: Criminal Law
Industry: Construction
Court: Supreme Court
Judge: Justice Wecht
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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.
Publication Date: 2024-02-09
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 12 MAP 2023
Modifications to financial recovery plan under Act 47 that removed city councilpersons as administrative department heads did not violate the Act's prohibition on changing the form of government. Order of the commonwealth court affirmed.
Publication Date: 2023-12-25
Practice Area: Insurance Law
Industry: Food and Beverage | Hospitality and Lodging | Insurance
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 21 WAP 2022
Trial court erred in ordering coordination of existing and future-filed cases involving business interruption coverage claims against insurer, where coordination rule only permitted coordination of existing actions since the rule allowed later-filing plaintiffs to move for coordination. Order of the superior 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: 2023-09-11
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 29 WAP 2022
Lower courts properly held that company's act of purchasing and providing beer for company golf outing was insufficient to trigger civil liability for injuries caused by its intoxicated guest and Dram Shop Act was inapplicable as was common law negligence. Affirmed.
Publication Date: 2023-09-11
Practice Area: Public Records
Industry: Legal Services | Non-Profit | State and Local Government
Court: Supreme Court, Wecht
Judge: Justice Wecht
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Case Number: 44 MAP 2022
Commonwealth court abused its discretion to remand Right-to-Know Law case for further factfinding where neither party requested to supplement the record and the commonwealth court had not identified any outstanding question or fact or law. Order of the commonwealth court vacated.
Publication Date: 2023-09-11
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 27 WAP 2022
Landowner appealed the Commonwealth Court's en banc decision affirming the trial court's order sustaining the preliminary objections of appellee Pennsylvania Department of Transportation to appellant's petition for the appointment of a board of viewers. The court held that the failure of appellee's predecessor in interest to comply with a statutory duty to ensure both the filing and the indexing of its highway right of way plan in county deed records meant appellee lacked an enforceable easement on appellant's property.
Publication Date: 2023-08-14
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 109 MAP 2022
Child's biological father challenged termination of his parental rights where child's mother failed to demonstrate "cause shown" to excuse the requirement that she relinquish her parental rights prior to the child's adoption by her long-term partner. The court remanded for further proceedings after addressing the analytical framework governing a party's demonstration of cause to permit an adoption by a parent's long-term partner who is not the parent's spouse.
Publication Date: 2023-05-15
Practice Area: Employment Litigation
Industry: Retail
Court: Supreme Court
Judge: Justice Wecht
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Case Number: 11 WAP 2022
Defendants, an employer and two of its store supervisors, appealed a Superior Court order affirming the trial court's denial of their motion for summary judgment, which asserted the exclusivity provision of the Pennsylvania Workers' Compensation Act. The court reversed.
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