In Satiro v. Maninno the Superior Court found the pro se appellant’s claim waived as a result filing a 29-issue statement of matters complained of on appeal that made it impossible for the trial court to give a comprehensive analysis of the issues.
To find harmless error, or to not find harmless error, that is the question presented in Commonwealth v. Hamlett. In a contentious set of opinions, the Supreme Court held that an appellate court may find an error harmless even when the Commonwealth fails to put forth an argument on the subject, as appellate courts can … Read more
An en banc panel of the Superior Court overruled Commonwealth v. Creese, which had required each notice of appeal to list only one docket number. This case, along with Commonwealth v. Larkin show the Superior Court at its worst–creating, changing and abridging rules that have nothing to do with the justice, seeking the truth, or efficiently administering … Read more
The 3rd Circuit reviewed a “requirements contract” under New Jersey law to determine whether a consortium of municipalities was required to purchase its rock salt from the plaintiff. The court held that there was no binding contract, because there was only a promise to pay a certain rate for what it purchased, but not an … Read more
Under Pennsylvania’s Right-to-Know Law, the state police provided a heavily-redacted copy of investigation regulations to the ACLU along with a letter indicating that the redactions were necessary under the RTKL’s public-safety exception. The ACLU filed an appeal with the Office of Open Records, seeking an unredacted copy. The OOR received an unredacted version for in … Read more
This case presents plenty of intrigue for appellate law experts. A special panel of judges was convened pursuant to the Rules of Judicial Administration to deal with an appeal from a PCRA petitioner. During the PCRA petitioner’s appeal from the denial of his first PCRA petition, Justice Eakin joined in the majority to deny relief. … Read more
#Jurisdiction #CivilProcedure #AppellateProcedure bit.ly/3aikqMX Appellant received an adverse ruling on a prior appeal in the same matter and the appellee sought, and was granted, allocatur. While proceedings on the Supreme Court were ongoing, Appellant sought injunctive relief from the trial court to maintain the status quo., pursuant to Pa.R.A.P. 1701(b)(1). The trial court denied relief … Read more