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Weekly Caselaw Updates

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Brooks v. Ewing Cole, Inc.

The Pennsylvania Supreme Court held that an adverse decision on the government’s assertion of sovereign immunity constitutes a collateral order, immediately appealable as of right under Rule 313. This case arose out of personal injuries the plaintiff allegedly sustained when she walked into an unmarked glass wall while leaving the…

Brooks v. Ewing Cole, Inc.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that an adverse decision on the government’s assertion of sovereign immunity constitutes a collateral order, immediately appealable as of right under Rule 313. This case arose out of personal injuries the plaintiff allegedly sustained when she walked into an unmarked glass wall while leaving the Family Court building in Philadelphia.… Continue reading Brooks v. Ewing Cole, Inc.

Wexford Sci. and Tech., LLC v. Pittsburg Zoning Bd. of Adjustment
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court held that an order of the Court of Common Pleas denying property owners’ petition to intervene in a zoning appeal was an appealable as a collateral order. The Court remanded the matter to the Court of Common Pleas with instructions to hold an evidentiary hearing in order to determine whether to… Continue reading Wexford Sci. and Tech., LLC v. Pittsburg Zoning Bd. of Adjustment

Bogdan v. Am. Legion Post 153 Home Assoc.
Pennsylvania Superior Court

The Pennsylvania Superior Court reversed an order that denied an insurer’s petition to intervene. The suit resulted from a shooting outside an American Legion Post between two intoxicated patrons. American Legion’s insurer sought to intervene to secure a special jury verdict form and answers to interrogatories to allow a clear determination of the basis for… Continue reading Bogdan v. Am. Legion Post 153 Home Assoc.

Ashdale v. Guidi Homes, Inc.
Pennsylvania Superior Court

In Ashdale v. Guidi Homes, Inc., the appellants appealed from the trial court’s order, which granted in part and denied in part their motion for summary judgment. The appellees filed an application to quash the appeal. The Pennsylvania Superior Court quashed the appeal. The Court cited Calabretta v. Guidi Homes, Inc., 241 A.3d 436 (Pa.… Continue reading Ashdale v. Guidi Homes, Inc.

Cabot Oil and Gas Corp. and Gassearch Drilling Serv. v. Speer
Pennsylvania Superior Court

In Cabot Oil and Gas Corp. and Gassearch Drilling Serv., an interlocutory appeal from a discovery dispute, the PA Superior Court held that an appeal from a collateral order under Pa.R.A.P. 313 is timely when it is taken more than 30 days from entry of the order so long as the appeal is perfected when… Continue reading Cabot Oil and Gas Corp. and Gassearch Drilling Serv. v. Speer

Calabretta v. Guidi Homes, Inc.
Pennsylvania Superior Court

In Calabretta v. Guidi Homes, Inc., the Superior Court quashed a home-builder’s appeal that challenged the trial court’s order denying (in part) the home builder’s motion for summary judgment. The home builder claimed that the suit was barred by the statute of repose, which typically protects home builders from suits more than 12 years after… Continue reading Calabretta v. Guidi Homes, Inc.

Commonwealth v. Alston
Pennsylvania Superior Court

The Allegheny County Public Defender’s Office, on behalf of the defendant, served a subpoena duces tecum on the Medical Examier’s Office seeking the autopsy report related to the defendant’s homicide case. The subpoena was issued prior to the defendant’s preliminary hearing. Without granting a hearing on the matter — and with no response from the Medical… Continue reading Commonwealth v. Alston

Commonwealth v. Gross
Pennsylvania Superior Court

The PA Supreme Court confronted a defendant who helped supply a firearm to her boyfriend, who eventually used that firearm to kill a police officer in a shootout. The boyfriend was killed in the gunfire. While her state case weaved its way through the courts, she was charged — and eventually pleaded guilty — in… Continue reading Commonwealth v. Gross