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December 2018
Commonwealth v. Cochran, 2018 WL 2404980 (Pa. Super. 2018) (unreported), appeal docket 77 MAP 2018
Allocatur granted Dec. 28, 2018. Sentencing; Restitution
The Supreme Court of Pennsylvania granted allocatur in this case involving 18 Pa.C.S. §1106(c)’s mandate that restitution must be set at the time of sentencing.
Allocatur granted Dec. 28, 2018. Double Jeopardy; Prosecutorial Misconduct; Standard of Review
The Supreme Court of Pennsylvania granted allocatur to determine the standard of review applicable to a determination of prosecutorial misconduct.
Barnard v. The Travelers Home and Marine Ins. Co., 2018 WL 6807257, docket 42 EAP 2018
Petition of the United States Court of Appeals for the Third Circuit granted Dec. 27, 2018. Stacking UIM Benefits; Need for New Waiver Where Policy Limits Increased
The Supreme Court granted certification of a question from the Third Circuit related to Pennsylvania law on insurance benefit stacking.
Lowman v. UCBR, 178 A.3d 896 (Pa. Cmwlth. 2018), appeal docket 41 EAP 2018
Allocatur granted Dec. 27, 2018. Unemployment Compensation; Ineligibility due to Self-Employment
The Supreme Court of Pennsylvania granted allocatur in this case to consider eligibility for unemployment compensation when a claimant is involved in providing ride-sharing services.
Commonwealth v. Diaz, 183 A.3d 417 (Pa. Super. 2018), appeal docket 74 MAP 2018
Allocatur granted Dec. 19, 2018. Post-Conviction Relief and Ineffectiveness of Counsel for Failure to Obtain an Interpreter
The Supreme Court of Pennsylvania granted allocatur in this PCRA case involving an ineffective assistance of counsel claim based on counsel’s failure to secure an interpreter for the first day of trial.
Commonwealth v. Johnson, 2018 WL 3133226 (Pa. Super. 2018) (unreported), appeal docket 40 EAP 2018
Allocatur granted Dec. 19, 2018. Double Jeopardy; Prosecutorial Misconduct
The Supreme Court of Pennsylvania granted allocatur in this criminal case involving prosecutorial misconduct.
Allocatur granted Dec. 18, 2018. PSP’s Burden on Appeal from Denial of Return of Firearm
The Supreme Court of Pennsylvania granted allocatur to determine PSP’s burden on appeal from the denial of the return of a firearm.
Commonwealth v. Smith, 2018 WL 2111007 (Pa. Super. 2018) (unreported), appeal docket 73 MAP 2018
Allocatur granted Dec. 18, 2018. Sufficiency of Evidence to Support Conviction for Possession of Firearm with Altered Manufacturer’s Number
The Supreme Court of Pennsylvania granted allocatur in this criminal case involving a conviction for possession of a firearm with an altered manufacturer’s number pursuant to 18 Pa.C.S. § 6110.2.
Allocatur granted Dec. 15, 2018. Collective Bargaining; Nonbargainable Managerial Prerogative
The Supreme Court of Pennsylvania granted allocatur in this collective bargaining case involving consideration of managerial prerogatives.
Commonwealth v. Mock, 186 A.3d 434 (Pa. Super. 2018), appeal docket 68 MAP 2018
Allocatur granted Dec. 5, 2018. DUI: Ten Year Rule Applies from Conviction or Commission of Prior Offense
The Supreme Court of Pennsylvania granted allocatur in this DUI case involving grading in consideration of a prior offense.
Com. v. Cost, 2018 WL 4472911 (Pa. Super. 2018) (unreported), appeal docket 39 EAP 2018
Allocatur granted Dec. 4, 2018. Suppression of Evidence
The Pennsylvania Supreme Court will consider the scope of investigative detentions.
In Re: Estate of Krasinski, 188 A.3d 461 (Pa. Super. 2018) (en banc), appeal docket 40 WAP 2018
Allocatur granted Dec. 4, 2018. Waiver; Estate Law
The Supreme Court of Pennsylvania granted allocatur to determine issues involving estate orders “Determining an Interest in Real or Personal Property” under Pa. R.A.P. 342(a)(6).
Allocatur granted Dec. 3, 2018. RTKL; Sufficiency of Evidence; In Camera Review
The Supreme Court of Pennsylvania granted allocatur in this Right to Know law case on issues involving the sufficiency of evidence and use of in camera review.
November 2018
City of Harrisburg v. Prince, 186 A.3d 544 (Pa. Cmwlth. 2018), appeal docket 62 MAP 2018
Allocatur granted Nov. 20, 2018. RTKL; Disclosure of Financial Records
The Supreme Court of Pennsylvania granted allocatur to determine whether the City of Harrisburg’s creation of a spreadsheet shows the receipt of funds from donors to the “Protect Harrisburg Legal Defense Fund” constitute a “financial record” as defined in 65 P.S. § 67.102?
October 2018
Commonwealth v. Trahey, 183 A.3d 444 (Pa. Super. 2018), appeal docket 38 EAP 2018
Allocatur granted Oct. 23, 2018. Warrantless Blood Test; Exigent Circumstances Exception to the Warrant Requirement
The Supreme Court of Pennsylvania granted allocatur to determine whether the facts and circumstances in this case justify a warrantless blood draw under the exigent circumstances exception to the warrant requirement.
Commonwealth v. Bishop, 2018 WL 3121801 (Pa. Super. 2018) (unpublished), appeal docket 37 EAP 2018
Allocatur granted Oct. 17, 2018. Right against Self-incrimination; Physical Evidence Recovered as a Result of an Unwarned Statement
The Pennsylvania Supreme Court granted allocatur to determine whether the Pennsylvania Constitution extends greater protection than its federal counterpart with respect to the Fifth Amendment right against self-incrimination in the context of physical evidence recovered as a result of or during the course of an unwarned statement?
Bartkowski v. Ramondo, 2018 WL 495213 (Pa. Super. 2018) (unreported), appeal docket 60 MAP 2018
Allocatur granted Oct. 16, 2018. Easement by Necessity; Impossibility of Alternative Access
The Supreme Court of Pennsylvania granted allocatur in this zoning case involving an easement by necessity.
Petition of the United States Court of Appeals for the Third Circuit granted Oct. 15, 2018. Auto Insurance; Apparent Conflict Between Mandatory IME Requirement and Section 1796(a) of the MVFRL
In this certification of a question from the Third Circuit, the Supreme Court will consider whether an insurer’s medical examination provision is in direct conflict with Section 1796(a) of the MVFRL.
Commonwealth v. Tighe, 184 A.3d 560 (Pa. Super. 2018), appeal docket 57 MAP 2018
Allocatur granted Oct. 15, 2018. Right to Self-Representation; Limitations Absent Waiver
The Supreme Court of Pennsylvania granted allocatur in this case involving limitations on the right to self-representation in a criminal trial.
Commonwealth v. Davis, 176 A.3d 869 (Pa. Super. 2017), appeal docket 56 MAP 2018
Allocatur granted Oct. 3, 2018. Fifth Amendment; Forgone Conclusion Doctrine; Compelling Disclosure of Digital Password
The Supreme Court of Pennsylvania granted allocatur to determine whether a individual can be compelled to disclose a memorized password over his assertion of Fifth Amendment privilege.
US Airways, Inc. v. WCAB (Bockelman), 179 A.3d 1177 (Pa. Cmwlth. 2018), appeal docket 35 WAP 2018
Allocatur granted Oct. 3, 2018. Workers’ Compensation; Scope of Employment
The Supreme Court of Pennsylvania granted allocatur in this workers’ compensation case involving a determination of what constitutes the “premises” of an employer.
Thompson v. Thompson, 187 A.3d 259 (Pa. Super. 2018), appeal docket 36 WAP 2018
Allocatur granted Oct. 3, 2018. Child Support; Civil Contempt; Sentencing
The Supreme Court of Pennsylvania granted allocatur in this case involving a suspended sentence imposed for contempt of a custody order.
City of Phila. v. Galdo, 181 A.3d 1289 (Pa. Cmwlth. 2018), appeal docket 36 EAP 2018
Allocatur granted Oct. 2, 2018. Public-purpose Condemnation; Adverse Possession
The Supreme Court of Pennsylvania granted allocatur in this case involving the applicability of adverse possession to property acquired by the City through a public-purpose condemnation designed to assist the Commonwealth with the construction of I-95, and then held for subsequent resale.
Commonwealth v. Britton, 2018 WL 1165543 (Pa. Super. 2018) (unreported), appeal docket 55 MAP 2018
Allocatur granted Oct. 2, 2018. Out of State Law Enforcement; Applicability of Pennsylvania Law
The Supreme Court of Pennsylvania granted allocatur in this case involving the applicability of Pennsylvania standards to out of state law enforcement officials acting in their own state at the request of Pennsylvania officials.
September 2018
Commonwealth v. Byrd, 185 A.3d 1015 (Pa. Super. 2018), appeal docket 34 WAP 2018
Allocatur granted Sept. 19, 2018. Wiretap Act; Jailhouse Communications
The Supreme Court of Pennsylvania granted allocatur in this case involving the application of Pennsylvania’s Wiretap Act to jailhouse communications.
In Re: Petition of J.M.Y., 179 A.3d 1140 (Pa. Super. 2018) (en banc), appeal docket 33 WAP 2018
Allocatur granted Sept. 17, 2018. Mental Health Procedures Act; Review of Section 303 Commitment after Expiration of Appeal Period
The Supreme Court of Pennsylvania granted allocatur to determine whether the Pennsylvania Superior Court erred when it exercised jurisdiction to review a commitment under 50 P.S. § 7303, when no timely appeal was filed, and the challenge was brought years later under the Pennsylvania Uniform Firearms Act.
Exeter Twp. v. PLRB, 177 A.3d 428 (Pa. Cmwlth. 2018), appeal dockets 49 and 50 MAP 2018
Allocatur granted Sept. 5, 2018. Public Employees: Are Township Zoning Officers Management by Statute?
The Supreme Court will determine whether the MPC provides a sufficient basis to determine that a zoning officer is a management level employee.
August 2018
Grove v. Port Auth. Of Allegheny Cty., 178 A.3d 239 (Pa. Cmwlth. 2018), appeal docket 32 WAP 2018
Allocatur granted Aug. 31, 2018. Negligence Per Se; Jury Instruction
The Supreme Court of Pennsylvania granted allocatur in this case arising a pedestrian crosswalk accident in Pittsburgh.
Binswanger of Pennsylvania, Inc. v. TSG Real Estate LLC, 2017 WL 6568779 (Pa. Super. 2017), appeal docket 30 EAP 2018
Allocatur granted Aug. 30, 2018. Real Estate; Occurrence of Sale by Equitable conversion where Agreement of Sale Conditional
The Supreme Court granted allocatur on this case involving equitable conversion in the sale of real estate in Pennsylvania.
Commonwealth v. Peters, 2018 WL 617947 (Pa. Super 2018) (unreported), appeal docket 29 EAP 2018
Allocatur granted Aug. 30, 2018. Constructive Possession of Instrument of a Crime
The Supreme Court of Pennsylvania granted allocatur in this case involving constructive “possession of an instrument of crime.”
Allocatur granted Aug. 29, 2018. Public Access to Grand Jury Documents
The Supreme Court of Pennsylvania granted allocatur in this case involving WPXI’s request for public access to unsealed grand jury documents.
Com. v. Turpin, 2018 WL 831889 (Pa. Super. 2018) (unreported), appeal docket 45 MAP 2018
Allocatur granted Aug. 21, 2018. Scope of Search of Multi-Occupant Residence Where Warrant Based on Activity of Only One Occupant
The Pennsylvania Supreme Court granted allocatur to consider whether a warrant based on the activity of one occupant of a multi-occupant residence permits the search of the entirety of a multi-occupant residence.
Allocatur granted Aug. 20, 2018. Leases; Election of Remedies
The Supreme Court of Pennsylvania granted allocatur in this case involving a commercial landlord/tenant dispute.
Commonwealth v. Olson, 179 A.3d 1134 (Pa. Super. 2018), appeal docket 26 WAP 2018
Allocatur granted Aug. 7, 2018. DUI; Post Conviction Relief, Retroactive Application of Birchfield v. North Dakota
The Supreme Court of Pennsylvania granted allocatur to determine the retroactive applicability of the United States Supreme Court decision in Birchfield v. North Dakota.
Allocatur granted Aug. 1, 2018. Private-Figure Defamation; The Joseph Standard
The Supreme Court of Pennsylvania granted allocatur to determine the appropriate standards of causation and deference involving defamation of private figures.
Allocatur granted Aug. 1, 2018. Nutrient Management Act; Preemption of Local Zoning Ordinances
The Supreme Court of Pennsylvania granted allocatur to determine whether the United States Supreme Court holding in Birchfield v. North Dakota should retroactively apply to all cases not yet final when the decision was rendered.
July 2018
Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), appeal docket 25 WAP 2018
Allocatur granted July 31, 2018. Constitutionality of Sexually Violent Predator Hearings and Designations
The Supreme Court of Pennsylvania granted allocatur to determine the constitutionality of SVP hearings and designations.
Roverano v. John Crane, Inc., 177 A3d 892 (Pa. Super. 2017), appeal docket 26 EAP 2018
Allocatur granted July 31, 2018. Fair Share Act Strict Liability Verdict Apportionment
The Supreme Court of Pennsylvania granted allocatur to determine issues of first impression related to the apportionment of liability among joint tortfeasors pursuant to Pennsylvania’s Fair Share Act.
Commonwealth v. Hays, 2018 WL 481895 (Pa. Super. 2018) (unreported), appeal docket 36 MAP 2018
Allocatur granted July 24, 2018. DUI; Retroactive Application of Birchfield v. North Dakota
The Supreme Court of Pennsylvania granted allocatur to determine whether the United States Supreme Court holding in Birchfield v. North Dakota should retroactively apply to all cases not yet final when the decision was rendered.
Allocatur granted July 16, 2018. State Employees’ Retirement Code; Administrative Law
The Supreme Court of Pennsylvania granted allocatur to determine whether the Commonwealth Court abused its discretion and departed from accepted judicial practice in holding that the Decedent’s retirement option change application must be considered filed when mailed.
Allocatur granted July 5, 2018. Statute of Limitations: When is the Discovery Rule a Question of Fact for the Jury Such that Summary Judgment is Improper?
The Pennsylvania Supreme Court granted allocatur to consider whether a jury should have been permitted to consider the applicability of the discovery rule to the statute of limitations in this mass tort litigation.
June 2018
Com. v. Williams, 2017 WL 6545977 (Pa. Super. 2017), appeal docket 20 EAP 2018
Allocatur granted June 25, 2018. Criminal Voir Dire; Questions Concerning Attitudes about Gun Violence
The Supreme Court granted allocatur to determine whether the trial court abused its discretion in precluding the questioning of jurors about their views on guns and gun violence during voir dire.
Commonwealth v. Felder, 2017 WL 6505643 (Pa. Super. 2017) (unreported), appeal docket 18 EAP 2018
Allocatur granted June 19, 2018. Constitutionality of Juvenile Sentencing
The Supreme Court granted allocatur to review the constitutionality of a sentence of 50-years to life for a juvenile in light of its decision in Commonwealth v. Batts, 163 A.3d 410 (Pa. 2017).
Justice v. Lombardo, 173 A.3d 1230 (Pa. Cmwlth. 2017), appeal docket 16 EAP 2018
Allocatur granted June 5, 2018. Scope of Employment; Sovereign Immunity
The Supreme Court of Pennsylvania granted allocatur to determine whether Respondent was acting within the scope of his employment throughout his entire encounter with the motorist, and thus entitled to JNOV on the basis of sovereign immunity
Safe Auto Ins. Co. v. Oriental-Guillermo, 170 A.3d 1170 (Pa. Super. 2017), appeal docket 26 MAP 2018
Allocatur granted June 4, 2018. PA Motor Vehicle Financial Responsibility Law (MVFRL); Auto Insurance Liability
The Supreme Court of Pennsylvania granted allocatur to determine issues related to auto insurance liability under PA Motor Vehicle Financial Responsibility Law (MVFRL) for unlisted resident drivers.
April 2018
Allocatur granted Apr. 30, 2018. Partial Rights Taxicabs; Assessments; Unconstitutional Delegation of Legislative Power; Substantive Due Process
The Supreme Court of Pennsylvania granted allocatur to determine issues related to the Pennsylvania Parking Authority’s annual assessments for fiscal year 2015 imposed upon partial rights taxicabs pursuant to Section 5707 of the Parking Authorities Law.
Commonwealth. v. King, 167 A.3d 140 (Pa. Super. 2017), appeal docket 13 EAP 2018
Allocatur granted Apr. 30, 2018. PCRA; Ineffective Assistance of Counsel; Attorney-Client Privilege
The Supreme Court of Pennsylvania granted allocatur to determine whether PCRA courts may bar the Commonwealth from speaking with a defendant’s trial counsel prior to evidentiary hearings on defense claims that counsel provided ineffective assistance.
Allocatur granted Apr. 25, 2018. Driver’s License: Suspension Appeal; Prejudice; “Extraordinarily extended period of time”
The Supreme Court of Pennsylvania granted allocatur to determine whether an operating privilege suspension was imposed in error when delayed due to the failure of the Delaware County Office of Judicial Support to timely notify the Department of Transportation of a conviction.
Allocatur granted Apr. 17, 2018. Death during Pendency of Divorce Proceedings where Post-nuptial Agreement Already Executed; Impact on Insurance Proceeds under 20 Pa.C.S. § 6111.2 & Pension Benefits under ERISA
The Supreme Court of Pennsylvania granted allocatur to determine the effect on the right to a decedent’s pension and insurance proceeds where the decedent dies intestate during the pendency of a divorce proceeding from his spouse after the execution of a post-nuptial agreement but before the entry of a final decree in divorce.
Com. v. Bell, 167 A.3d 744 (Pa. Super. 2017), appeal docket 11 MAP 2018
Allocatur granted Apr. 5, 2018. DUI; Refusal of Blood Test as Evidence of Guilt
The Supreme Court of Pennsylvania granted allocatur to determine whether §1547(e) of the Vehicle Code is violative of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution to the extent that it permits evidence of an arrestee’s refusal to submit a sample of blood for testing without a search warrant as proof of consciousness of guilt at the arrestee’s DUI trial.
In the Interest of: L.J.B., A Minor, 177 A.3d 308 (Pa. Super. 2017), appeal docket 10 MAP 2018
Allocatur granted Apr. 3, 2018. Statutory Construction; Prenatal Child Abuse; Addiction
The Supreme Court of Pennsylvania granted allocatur to determine whether 23 Pa.C.S. § 6303 et seq. allows a mother to be found a perpetrator of “child abuse” if addicted to drugs when the child is still in the womb.
March 2018
Yanakos v. UPMC, 2017 WL 3168991(Pa. Super. 2017)(unreported), appeal docket 10 WAP 2018
Allocatur granted March 28, 2018. Statutes of Repose: Article I § 11 “Open Courts” Guarantee; MCARE
The Supreme Court of Pennsylvania granted allocatur to determine whether the MCARE Statute of Repose violates the Open Courts guarantees of the Pennsylvania Constitution by depriving some patients of any access to courts, but permitting actions by similarly situated patients.
In re Petition of Adams, 170 A.3d 584 (Pa. Cmwlth. 2017), appeal docket 9 MAP 2018
Allocatur granted March 27, 2018. Land Use; Private Road Act
The Supreme Court of Pennsylvania granted allocatur to determine land use issues related to the Private Road Act as decided by the Commonwealth Court.
S & H Transport, Inc. v. City of York, 174 A.3d 679 (Pa. Cmwlth. 2017), appeal docket 8 MAP 2018
Allocatur granted March 21, 2018. Municipal Business-privilege Tax; Gross Receipts Exemption
The Supreme Court granted allocatur to determine whether a freight broker is permitted to exclude freight delivery charges from its taxable gross receipts under the City of York’s Business Privilege and Mercantile Tax Ordinance.
Allocatur granted March 13, 2018. Act 47; Direct Appeal of Act 111 Award
The Supreme Court of Pennsylvania granted allocatur to determine issues related to the Commonwealth Court’s determination that the FOP was not entitled to direct appeal pursuant to Act 47 of an Act 111 award.
February 2018
Com. v. Perfetto, 169 A.3d 1114 (Pa. Super. 2017), appeal docket 7 EAP 2018
Allocatur granted Feb. 27, 2018. Compulsory Joinder Rule; Jurisdiction
The Supreme Court of Pennsylvania granted allocatur to determine whether the Superior Court erred in determining that the Philadelphia Traffic Court has sole jurisdiction over summary traffic offenses even when those charges are part of a single incident which also includes a misdemeanor and/or felony charges.
Allocatur granted Feb. 22, 2018. Foreclosure: notice under Acts 6 and 91; Effect of Dismissal of Earlier Action; Caution to Counsel; Non-conforming Brief; Numerous Issues
Whether a lender/mortgagee whose first complaint in mortgage foreclosure against a borrower/mortgagor was dismissed is required to send a new Notice of Intention to Foreclose pursuant to 41 P.S. § 403(a) (Act 6 Notice) prior to filing a second complaint in mortgage foreclosure.
Slice of Life, LLC v. Hamilton Township, 164 A.3d 633 (Pa. Cmwlth. 2017), appeal docket 7 MAP 2018
Allocatur granted Feb. 21, 2018. Zoning; Statutory Construction
The Pennsylvania Supreme Court to determine whether the Commonwealth Court disregarded Albert v. Zoning Hearing Board of North Abington Township by finding that the purely transient use of a property as part of a commercial short-term vacation rental business was a permitted use in a residential zoning district.
Commonwealth v. Adams, 2017 WL 2424726 (Pa. Super. 2017)(unreported), appeal docket 6 WAP 2018
Allocatur granted Feb. 12, 2018. Investigatory Detention; Probable Cause
The Supreme Court granted allocatur to consider whether the trial court erred in denying a motion to suppress when the suspect was detained for pulling into his own business, when such was closed, and thus the stop and subsequent detention was not supported by probable cause or reasonable suspicion of criminal activity.
Reuther v. Delaware Co. Bur. of Elections, 172 A.3d 738 (Pa. Cmwlth. 2017), appeal docket 6 MAP 2018
Allocatur granted Feb. 8, 2018. Election Law; Fatal Defects; Statement of Financial Interests, Petition to Strike; Timeliness
The Supreme Court granted allocatur to review Commonwealth Court’s holding that a write-in candidate’s failure to file a Statement of Financial Interests is not “fatal” in terms of the candidate’s position on the municipal or general election ballot because noncompliance with the regulation is a matter for enforcement by the State Ethics Commission rather than the courts.
January 2018
Allocatur granted Jan. 30, 2018. Taxation; Preemption; Sterling Act
The Supreme Court granted allocatur to review Commonwealth Court’s conclusion that Philadelphia was empowered to enact the Philadelphia Beverage Tax (PBT) under the Sterling Act and that the City’s authority to do so was neither explicitly nor impliedly preempted by Commonwealth statutes such as the Tax Code and the Local Tax Reform Act.
Commonwealth v. Berryhill, 2017 WL 3050118 (Pa. Super. 2017)(unreported), appeal docket 4 EAP 2018
Allocatur granted Jan. 30, 2018. Criminal Procedure: Abuse of discretion; Speedy trial; Pa. R. Crim. P 600
The Supreme Court granted allocatur to consider whether the Superior Court abused its discretion regarding excluable calculations under Pa. R. Crim. P. 600.
BouSamra v. Excela Health, 167 A.3d 728 (Pa. Super. 2017), appeal docket 5 WAP 2018
Allocatur granted Jan. 30, 2018. Discovery; Attorney-Client Privilege; Work-Product Doctrine
The Supreme Court granted allocatur to consider whether the Superior Court commit an error of law when holding that a client waives the work-product protection of its counsel’s pre-litigation e-mail by forwarding the e-mail to its public relations consultant, and/or by holding that, to qualify as a privileged person within the attorney-client privilege, a third party must provide legal advice and have the lawyer or client control its work?
Allocatur granted Jan. 29, 2018. Zoning; Special Exception; Applicable Law
This allocatur grant arises from a case of first impression in Bd. of Commissioners of Cheltenham Twp. v. Hansen-Lloyd, L.P., where the Commonwealth Court considered whether, under the Municipalities Planning Code (MPC), the zoning ordinance in effect when a mandatory sketch plan for development was filed applies to a subsequently filed application for special exception, or whether the application for special exception is governed by the zoning ordinance in effect at the time it is filed.
Allocatur granted Jan. 22, 2018. Land Use and Zoning: Conditional Use; Burden of Proof: Sufficiency of Evidence
The Pennsylvania Supreme Court granted allocatur to determine whether the Commonwealth Court erred as a matter of law by imposing a standard upon the admissibility of objectors’ evidence that effectively eliminates the ability to raise any objection to a land use application based on firsthand experience with a similar use when the proposed use does not already appear within municipal borders?
Com. v. Santiago, 160 A.3d 814 (Pa. Super. 2017), appeal docket 1 EAP 2018
Allocatur granted Jan. 22, 2018. Application of Fruit of the Poisonous Tree Doctrine to In-Court Identification Testimony
The Supreme Court granted allocatur to determine the applicability of the fruit of the poisonous tree doctrine to in-court identification testimony.
C.G. v. J.H., 172 A.3d 43 (Pa. Super. 2017), appeal docket 2 MAP 2018
Allocatur granted Jan. 17, 2018. Standing of Same-Sex Partner in Custody Action
The Supreme Court granted allocatur to determine whether the Superior Court erred in affirming the decision of the trial court that a former same-sex partner lacked standing both 1) as a parent and 2) as a party who stood in loco parentis to seek custody of the child born during her relationship with the birth mother where the child was conceived via assisted reproduction with an anonymous sperm donor and the parties lived together as a family unit for the first five years of the child’s life.
Bayview Loan Servicing LLC v. Wicker, 163 A.3d 1039 (Pa. Super. 2017), appeal docket 3 WAP 2018
Allocatur granted Jan. 17, 2018. Hearsay – Business Records Exception; Admissibility of Witness Testimony at Debt Collection Trial
The Supreme Court granted allocatur to determine issues related to the conflict between U.S. Bank v. Pautenis; Boyle v. Steiman and Commonwealth Financial Systems v. Smith as to the admissibility of witness testimony at a debt collection trial
Allocatur granted Jan. 17, 2018. Distinguishing Between Preliminary and Permanent Injunction for Purposes of Appeal; Applicability of Pa. R.A.P 311(a)(4); Requirement to File Post- Trial Motions; Waiver
The Supreme Court granted allocatur to determine issues arising from a lawsuit against School District of Lower Merion attacking a tax increase allegedly in excess of the statutory maximum increase
Com. v. McClelland, 165 A.3d 19 (Pa. Super. 2017), appeal docket 2 WAP 2018
Allocatur granted Jan. 11, 2018. Hearsay; Preliminary Hearing; Due Process
The Supreme Court granted allocatur to determine whether reliance on hearsay alone to establish a prima facie case at a criminal preliminary hearing violates due process.
Com. v. Monarch, 165 A.3d 945 (Pa. Super. 2017), appeal docket 1 WAP 2018
Allocatur granted Jan. 11, 2018. Impermissible Enhanced Penalties for Refusal to Consent to Chemical Testing
The Supreme Court granted allocatur to determine whether petitioner in this case was given impermissible enhanced penalties, as expressed in Birchfield v. North Dakota, __ U.S. __, 136 S.Ct. 2160, 195 L.Ed.2d 560 (June 23, 2016), for his refusal to consent to chemical testing?