In re Nov. 3, 2020 General Election involved absentee and mail-in ballots for the upcoming election. The PA Supreme Court directed the county boards of elections not to reject absentee or mail-in ballots for counting, computing, and tallying based on signature comparisons conducted by county election officials or employees or as the result of third-party challenges … Read more
State Farm Ins. Co. v. Kitko involved a dispute over a decedent’s insurance policy. The decedent’s ex-wife and brother both claimed they were the primary beneficiary. On appeal, the ex-wife challenged the trial court’s grant of summary judgment in favor of the brother. The Superior Court reversed, holding that the decedent did not effectuate a … Read more
The Seda-Cog Joint Rail Authority is a joint authority formed under the Municipal Authority Act that is governed by a 16-member board. At a board meeting, six members recused themselves. The remaining ten members voted seven-to-three to award a contract. But no one could figure out if the vote satisfied Section 5610(e) of the MAA, … Read more
In Sivick v. State Ethics Comm’n, the PA Supreme Court addressed the issue of whether the petitioner’s involvement in approving payroll, which included timesheets for the petitioner’s son, violated Subsection 1103(a) of PA’s Ethics Act, simply because the petitioner’s son was a Township employee. The Court ruled that a public officer or employee’s performance of an … Read more
The PA Supreme Court in Commonwealth v. Small overruled its prior precedent and tossed the “public record presumption.” Traditionally, a defendant, who filed a PCRA petition, could circumvent the statutory one-year filing deadline by proving they had uncovered a newly-discovered fact. But if that newly-discovered fact was a matter of public record, then a presumption existed … Read more
In Gustafson v. Springfield, while he with a gun, one juvenile shot and killed his young friend. The deceased boy’s parents sued the gun manufacturer and alleged that, under the common law of Pennsylvania, the gun-industry defendants were negligent and strictly liable for manufacturing and/or selling a defectively-designed handgun that caused their son’s death. The PA Superior … Read more
In Commonwealth v. Gurung, the Superior Court held that a motorist’s failure to use his turn signal while switching lanes was sufficient evidence to establish probable cause for a traffic stop for violating 75 Pa.C.S.A. § 3334 (Turning Movements and Required Signals).
In Nicole B. v. School Dist. of Philadelphia, the PA Supreme Court ruled that the Pennsylvania Human Relations Commission’s equitable tolling provision applied to a minor whose parent failed to satisfy the applicable statute of limitations for filing an administrative complaint prior to the minor reaching the age of majority.
In A.A. v. Att’y Gen. United States, the 3rd Circuit interpreted the phrase “undesignated terrorist organizations” of the Immigration and Nationality Act to affirm the denial of the petitioner’s asylum. The lower court found that the petitioner had provided material support to an “undesignated terrorist organization.”
In Commonwealth v. Nevels, the PA Supreme Court held that the statute criminalizing retaliation against a witness applies to retaliation against a witness or victim in either a civil or criminal matter.