In Gregg v. Ameriprise Fin., Inc, the Pennsylvania Supreme Court ruled that the catch-all provision in the Commonwealth’s Unfair Trade Practices and Consumer Protection Law is a strict liability offense. As a result, a plaintiff must prove only that the defendant “engage[d] in conduct that has the potential to deceive and which creates a likelihood … Read more
After J.F. was arrested and charged with two counts of child endangerment, the county agency filed two identical indicated reports (CPS reports) identifying J.F. as a perpetrator of abuse of her twin children. J.F. then requested a review hearing. While her administrative appeal of the CPS reports was pending, J.F. entered into ARD for both … Read more
In Sadler v. Workers’ Comp. App. Bd., the Pennsylvania Supreme Court determined that the Workers’ Compensation Act permits beneficiaries to receive benefits while in pre-conviction incarceration. In this case, the employee was injured, and the employer acknowledged he was entitled to a weekly disability wage. But soon thereafter, the employee was arrested. Unable to post … Read more
The Pennsylvania Supreme Court reviewed an eminent domain and land use appeal from the Commonwealth Court in PBS Coals, Inc. v. Commw. of PA Dep’t of Trans. The condemnees in this action owned and leased the rights to mine coal beneath the surface of a particular lot. PennDOT took adjoining land to construct a highway … Read more
For many years, Lamar Advantage GP Co. displayed an electronic advertisement on a billboard atop Mount Washington, which overlooks downtown Pittsburgh. In 2016, Lamar hung a vinyl sign over the electronic advertisement and the underlying structure. Believing that this action “enlarged” or “replaced” the sign, the City of Pittsburgh cited Lamar for breaching a provision … Read more
The Pennsylvania Supreme Court affirmed the PCRA court’s order, granting a capital defendant a new guilty-phase hearing (trial) in Commonwealth v. Montalvo. The Supreme Court held that the trial judge twice incorrectly stated the governing law in her closing instructions to the jury. Both times, the trial judge appeared to misspeak, stating that, “if the … Read more
In March 2014, Appellee was convicted of DUI. The clerk’s office was required to send PennDOT a record of the conviction within ten days after its occurrence. See75 Pa.C.S. § 6323(1)(i). For some reason, that office waited twenty-eight months after the ten-day deadline had passed to notify PennDOT of the conviction. When PennDOT received the … Read more
In In re Appeal of Coatesville Area Sch. Dist., the Pennsylvania Supreme Court did an admirable job of differentiating and explaining the two preclusion doctrines — res judicata and collateral estoppel — while simultaneously wading through a procedural minefield laid by unclear rulings in parallel taxation appeals. In this case, a landowner sought to appeal … Read more
In Commonwealth v. Cochran, at the beginning of his plea hearing, Cochran disputed whether he was responsible for the total restitution amount. Defense counsel requested a hearing to determine the proper restitution amount. The trial court granted the request and proceeded with the guilty plea colloquy. Cochran entered a plea of guilty to terroristic threats, … Read more
Commonwealth v. Alexander is a significant decision that will impact the litigation of motions to suppress for the coming years. In Alexander, the Pennsylvania Supreme Court overruled Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014), holding that Article I, Section 8 of the Pennsylvania Constitution affords greater protection to Pennsylvania’s citizens than the Fourth Amendment … Read more