Review of a final order of the Superior Court or the Commonwealth Court is not a matter of right, but of sound judicial discretion, and an appeal is allowed only when there are special and important reasons. The Supreme Court grants allocatur as to particular issues, not cases.
Pennsylvania Appellate Advocate will note allocatur grants and will provide background on the issues as to which discretionary review has been granted. This page is updated on a continuing basis. Allocatur grants issued Aug. 2017 – Dec. 2022 can be found in our Archives.
September 2024
Commonwealth v. Roberts, 293 A.3d 1221 (Pa. Super. 2023) appeal docket 16 WAP 2023
Allocatur granted Sept. 12, 2024. Sufficiency of Evidence for Failure to Register under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA)
The Pennsylvania Supreme Court will consider whether mens rea is required to sustain a conviction for failure to register as required by SORNA.
June 2024
Direct Appeal; Allocatur granted June 25, 2024. Constitutionality of Section 15(d) of the Educator Discipline Act’s requirement to make all adjudications imposing discipline available on Department of Education websites
The Pennsylvania Supreme Court will consider the constitutionality of Section 15(d) of the Educator Discipline Act (Act), which requires the state to publicize suspensions of teachers who are charged with serious crimes, as applied to teachers’ whose criminal charges were resolved in the teachers’ favor.
May 2024
In the Int. of S.W., 312 A.3d 345 (Pa. Super. 2024), appeal docket 14 WAP 2024
Allocatur granted May 22, 2024. Abrogation of “Prospective Adoptive Parent” Exception to Foster Parent Participation in Dependency Cases
The Pennsylvania Supreme Court will consider whether the judicially created “prospective adoptive parent” exception to the general rule prohibiting foster parents from participation in dependency proceedings was abrogated by Section 6336.1(a) of the Pennsylvania Juvenile Act.
Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023), appeal docket 35 MAP 2024
Allocatur granted May 21, 2024. Is a tenant in common of real property, who does not exercise possession or control over the property, an indispensable party in a premises liability action?
The Pennsylvania Supreme Court granted allocatur to consider whether a tenant in common of real property, who does not exercise possession or control over the property, is an indispensable party in a premises liability action.
Coleman v. Parkland Sch. Dist., 305 A.3d 238 (Pa. Cmwlth. 2023), appeal docket 33 MAP 2024
Allocatur granted May 7, 2024. Does Section 712.1 of the Pennsylvania Sunshine Act provide three or four exceptions to the requirement that an agency provide 24 hours’ notice of an agenda prior to a public meeting?
The Pennsylvania Supreme Court will consider, as a matter of first impression, whether Section 712.1 of the Pennsylvania Sunshine Act provides three or four exceptions to the requirement that an agency provide 24 hours’ notice of an agenda prior to a public meeting.
April 2024
Allocatur granted Apr. 30, 2024. Reimbursement of Out-of-Pocket Expenses for Prescribed CBD Oil under Workers’ Compensation Act
The Pennsylvania Supreme Court will consider whether, under Pennsylvania’s Workers’ Compensation Act, an employer can refuse to reimburse an employee for out-of-pocket expenses for prescribed CBD Oil and the requirements for a Claimant to obtain reimbursement.
Allocatur granted Apr. 29, 2024. Is the Pennsylvania Gaming Control Board entitled to deference as to whether an applicant has the requisite “good character, honesty, and integrity” to be licensed by the Board in accordance with the Video Gaming Act?
The Pennsylvania Supreme Court will consider orders entered by the Pennsylvania Gaming Control Board denying several of Petitioners’ applications for video gaming terminal operator and video gaming terminal principal licenses pursuant the Video Gaming Act, 4 Pa. C.S. §§ 3101-4506.
Allocatur granted Apr. 9, 2024. Voir dire; Right to question prospective jurors’ potential bias as to the trustworthiness of certain categories of witnesses
In this set of cases scheduled to be consecutively argued, the Pennsylvania Supreme Court will consider the right of a party to question prospective jurors’ on voir dire regarding their potential bias as to the trustworthiness of certain categories of witnesses.
Commonwealth v. Foster, 2023 WL 4557061 (Pa. Super.) (unreported), appeal docket 34 WAP 2024
Allocatur granted Apr. 8, 2024. Reasonable Suspicion to Support a Terry Stop based on Temporal and Spatial Proximity to ShotSpotter Alert
The Pennsylvania Supreme Court will consider whether an individual’s temporal and spatial proximity to a ShotSpotter alert – an alert sent by a sensory system that uses multiple sensors to pick up a suspected gunshot to triangulate the gunshot location – is reasonable suspicion to support a Terry stop.
Commonwealth v. Shifflet, 2023 WL 3051454 (Pa. Super.) (unreported), appeal docket 26 MAP 2024
Allocatur granted Apr. 3, 2024. Acceptance of ARD as a prior offense for sentencing purposes
The Pennsylvania Supreme Court granted allocatur in this case to consider whether under Alleyne v. United States, 570 U.S. 99 (2013), in which the United States Supreme Court held that “facts that increase mandatory minimum sentences must be submitted to the jury” applies to preclude acceptance of ARD as a “prior offense” under the Vehicle Code for sentencing purposes.
Almusa v. State Bd. of Medicine, 298 A.3d 547 (Pa. Cmwlth. 2023), appeal docket 25 MAP 2024
Allocatur granted Apr. 3, 2024. Does Act 53 of 2020 retroactively apply to a medical professional licensee’s suspension and reinstatement?
The Pennsylvania Supreme Court will consider whether Section 3113(f) of the Act of July 1, 2020, P.L. 575 (Act 53), 63 Pa. C.S. § 3113(f), which redefined how licensing boards consider criminal offenses, retroactively applies to a medical professional licensee’s suspension and reinstatement.
Commonwealth v. Linton, 2023 WL 4677741 (Pa. Super.) (unreported), appeal docket 11 WAP 2024
Allocatur granted Apr. 2, 2024. Evidence required to sustain a conviction under Section 3364(b)(2) of the Vehicle Code
The Pennsylvania Supreme Court will consider the evidence required to sustain a conviction under Section 3364(b) of the Vehicle Code, which provides that “[a] pedalcycle may be operated at a safe and reasonable speed appropriate for the pedalcycle. A pedalcycle operator shall use reasonable efforts so as not to impede the normal and reasonable movement of traffic.” 75 Pa.C.S.A. § 3364(b)(2).
Allocatur granted Apr. 1, 2024. Involuntary Termination of Parental Rights; Witness Credibility
The Supreme Court will consider whether clear and convincing evidence exists to support a termination of parental rights decision where the trial court based its decision upon the testimony of one witness without acknowledging the competent testimony of multiple witnesses who provided testimony that directly contradicted that witness’ testimony.
March 2024
Allocatur granted Mar. 20, 2024. Recovery by subrogation of benefits paid pursuant to the Heart and Lung Act
The Pennsylvania Supreme Court will consider whether a self-insured, government entity is prohibited from subrogating Heart and Lung Benefits Act benefits from a third-party settlement received by an injured employee.
February 2024
Allocatur granted Feb. 21, 2023. Duty to Indemnify vs. Duty to Defend under Lease Agreement
This case centers on the interpretation of a lease between Bass Pro Outdoor (Tenant) and Harrisburg Mall Limited Partnership (Landlord) that required the Mall to indemnify Bass Pro for any “expense, including reasonable attorneys’ fees” arising from Bass Pro’s use of a common parking lot.
Commonwealth v. Lee, 2023 WL 3961802 (Pa. Super.) (unreported), appeal docket 3 WAP 2024
Allocatur granted Feb. 16, 2024. Constitutionality of Mandatory Life Imprisonment with No Possibility of Parole for Second-Degree Murder
In this case, the Pennsylvania Supreme Court will consider the constitutionality under the Eighth Amendment to the U.S. Constitution and Article I, § 13 of the Pennsylvania Constitution of a mandatory sentence of life imprisonment with no possibility of parole for second-degree murder.
Galette v. NJ Transit, 293 A.3d 649 (Pa. Super. 2023), appeal docket 4 EAP 2024
Allocatur granted Feb. 14, 2024. Sovereign Immunity; Arm of the State
The Pennsylvania Supreme Court will consider whether the New Jersey Transit System is an arm of the state of New Jersey entitled to Eleventh Amendment sovereign immunity.
Allocatur granted Feb. 14, 2024. Compensation for Specific Loss under Section 306 of the Workers’ Compensation Act
The Pennsylvania Supreme Court granted allocatur to consider whether Section 306(a) of the Workers’ Compensation Act, 77 P.S. § 511, rather than Section 306(c), 77 P.S. § 513, applies to determine the benefit rate for the specific loss of a body part.
January 2024
Steets v. Celebration Fireworks (WCAB), 295 A.3d 312 (Pa. Cmwlth. 2023), appeal docket 3 MAP 2024
Allocatur granted Jan. 16, 2024. Are worker’s compensation specific loss benefits are payable following an injured worker’s death resulting from a work injury?
The Pennsylvania Supreme Court will consider whether worker’s compensation specific loss benefits are payable following an injured worker’s death resulting from a work injury.
Commonwealth v. Rondon, 298 A.3d 1135 (Pa. Super. 2023), appeal docket 5 MAP 2024
Allocatur granted Jan. 23, 2024. Is the written consent requirement of 42 Pa.C.S. § 5747.1(b)(2) triggered when the court’s revocation and forfeiture of a defendant’s bail was the result of a court error?
The Pennsylvania Supreme Court granted allocatur in this case to address whether the written consent requirement of 42 Pa.C.S. § 5747.1(b)(2) (“The bail bondsman shall not be continued by the court on a reinstated bail unless a written consent is signed by the bail bondsman agreeing to such an extension of suretyship”) is triggered when the court’s revocation and forfeiture of a defendant’s bail was the result of a court error.
December 2023
Allocatur granted Dec. 27, 2023. Applicability of Immunity Provisions of the Mental Health Procedures Act
In this case, the Supreme Court will consider whether the Mental Health Procedures Act (MHPA) immunity provisions (which shield conduct except willful and gross negligence) apply where the injuries the decedent allegedly suffered after being involuntarily admitted for mental health treatment were unrelated to treatment for mental health conditions that underpin the immunity provisions of the MHPA.
Allocatur granted Dec. 13, 2023. Preliminary Injunction; Irreparable Harm; Standard of Review
In this case, the Pennsylvania Supreme Court will consider whether irreparable harm was shown to support a preliminary injunction temporarily enjoining Prospect Medical Holdings, Inc. from consummating the transition of a Delaware County Hospital into a behavioral health facility.
Allocatur granted Dec. 5, 2023. Are law enforcement officers immune from civil suits under Section 5725 of the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5725?
The Pennsylvania Supreme Court granted allocatur to consider whether law enforcement officers can be liable in a civil suit under Pennsylvania’s Wiretap Act.
Penncrest Sch. Dist. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023), appeal docket 31 WAP 2023
Allocatur granted Dec. 4, 2023. Does Pennsylvania’s Right to Know Law require the disclosure of school board members’ social media posts relating to school library displays?
The Pennsylvania Supreme Court will consider whether Pennsylvania’s Right to Know Law requires the disclosure of school board members’ social media posts relating to school library displays.
November 2023
Commonwealth v. Muhammad, 289 A.3d 1078 (Pa. Super. 2023), appeal docket 109 MAP 2023
Allocatur granted Nov. 28, 2023. Inconsistent Verdict; Validity of Conviction for Carrying Firearm without a License where Jury found no Firearm Possession
The Pennsylvania Supreme Court will consider whether there was sufficient evidence to support a conviction for firearms not to be carried without a license, 18 Pa.C.S. § 6106, where the jury made a specific factual finding that the defendant did not possess a firearm.
Commonwealth v. Crosby, 2023 WL 3319389 (Pa. Super.)(unreported), appeal docket 30 WAP 2023
Allocatur granted Nov. 20, 2023. What constitutes “substantial force to overcome the resistance” under Pennsylvania’s Resisting Arrest law?
In this case, the Pennsylvania Supreme Court will consider what constitutes “substantial force to overcome the resistance” as used in Section 5104 of the Pennsylvania Crimes Code
Allocatur granted Nov. 7, 2023. Surety Liability for Default Judgments, Attorney’s Fees; Does Pennsylvania’s bad faith statute apply to surety contracts issued by insurance companies?
In this case, the Pennsylvania Supreme Court will consider the claims and judgments that a subcontractor may bring against a surety, including whether Pennsylvania’s insurance bad faith statute, 42 Pa.C.S. § 8371, applies to surety contracts/policies issued by insurance companies.
October 2023
Allocatur granted Oct. 31, 2023. Pennsylvania Unfair Trade Practices and Consumer Protection Law; Unfair or Deceptive Miscollection of Sales Tax
In this matter of first impression, the Pennsylvania Supreme Court will consider whether clothing retailers’ collection of a tax on sales of allegedly nontaxable protective cloth face masks was not “in conduct of” trade or commerce, and thus not actionable under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
Allocatur granted Oct. 31, 2023. Use of County Funds for Payment of District Attorney’s Outside Legal Fees; Separation of Powers
The Pennsylvania Supreme Court granted allocatur to consider a private law firm’s request for the payment of legal fees incurred as a result of the law firm’s litigation of a lawsuit on behalf of former Lancaster County District Attorney Craig Stedman against certain County Commissioners.
Commonwealth v. Kurtz, 294 A.3d 509 (Pa. Super. 2023), appeal dockets 98 – 101 MAP 2023
Allocatur granted Oct. 30, 2023. Right to Privacy in Internet Search Queries and IP Address; Probable Cause to Support Search Warrant of Google Search Records
The Pennsylvania Supreme Court will consider two issues of first impression: (1) whether an individual has a reasonable expectation of privacy in their Google searches and IP address, and (2) whether there was sufficient probable cause to support a search warrant to Google, where the suspect was unknown and no evidence was presented establishing that Google was used in the planning or commission of a crime.
Martin v. Donegal Twp. 293 A.3d 765 (Pa. Cmwlth. 2023), appeal docket 24 WAP 2023
Allocatur granted Oct. 24, 2023. May a statute allow for the removal of elected officials for reasons other than those stated in article VI, section 7 of the Pennsylvania Constitution?
The Supreme Court will consider whether the Second Class Township Code may allow for the removal of elected officials for reasons outside of those provided in the Pennsylvania Constitution.
Allocatur granted Oct. 24, 2023. Does the Pennsylvania Workers’ Compensation Act’s exclusivity provision divest a trial court of jurisdiction over causes of actions where the parties to a lawsuit are an employer’s insurers and a provider’s billing agent?
The Pennsylvania Supreme Court will consider whether Section 418 of Pennsylvania’s Workers’ Compensation Act divests a trial court of jurisdiction over causes of actions where the parties to a lawsuit are an employer’s insurers and a provider’s billing agent.
Commonwealth v. Strunk, 2023 WL 119395 (Pa. Super. 2023) (unreported), appeal docket 96 MAP 2023
Allocatur granted Oct. 17, 2023. Unlawful Contact with a Minor – Required element of “Communication”
The Pennsylvania Supreme Court granted allocatur to consider defendant’s conviction for the crime of “unlawful contact with a minor,” a crime that requires “communication by any means” with the minor for the purpose of engaging in a sexual offense.
Allocatur granted Oct. 16, 2023. Public Charity Real Estate Tax Exemption; Application of “operates entirely free from private profit motive” criteria of HUP Test
The Pennsylvania Supreme Court will consider whether, under the facts of this case, a hospital qualifies for real estate tax exemption as an institution of purely public charity that operates “entirely free from private profit motive.”
In Re: Estate of Herold, 291 A.3d 489 (Pa. Cmwlth. 2023), appeal docket 22 WAP 2023
Allocatur granted Oct. 13, 2023. Occupational Disease Act; Exclusivity Provision; Disease that manifests more than 4 years after last exposure; Primary jurisdiction
The Pennsylvania Supreme Court will consider the applicability Occupational Disease Act exclusivity provision where the individual’s last exposure to asbestos was 15 years prior to his mesothelioma diagnosis.
Commonwealth v. Lear, 290 A.3d 709 (Pa. Super. 2023), appeal dockets 90 – 92 MAP 2023
Allocatur granted Oct. 3, 2023. Rule 600; Delay; Commonwealth due diligence during pandemic
The Pennsylvania Supreme Court will consider whether the Commonwealth must prove it exercised due diligence in order for judicial delay arising from emergency orders issued during the pandemic to be excluded from a Rule of Criminal Procedure 600(C) computation of time.
September 2023
Allocatur granted Sept. 28, 2023. Defective Notice of Tax Assessment; Nunc Pro Tunc Relief
The Pennsylvania Supreme Court granted allocatur to consider whether nunc pro tunc relief in favor of taxpayer charter school was warranted based on a county’s defective notice of tax assessment.
Pignetti v. PennDOT, 2023 WL 1773952 (Pa. Cmwlth.) (unreported), appeal dockets 26 & 27 EAP 2023
Allocatur granted Sept. 18, 2023. Eminent Domain Code; Assessment of Noncontiguous Tracts as One Parcel
The Pennsylvania Supreme Court will consider whether the trial court properly held that noncontiguous tracts may be assessed as one parcel under the Eminent Domain Code.
August 2023
In re Estate of Caruso, 2022 WL 16943284 (Pa. Super.)(unreported), appeal docket 14 WAP 2023
Allocatur granted Aug. 21, 2023. Non-Party’s ability to enforce a partnership agreement containing a buy-back provision
The Pennsylvania Supreme Court whether a non-party relative had a clear right to enforce a written contract between her late husband and her brother-in-law.
Allocatur granted Aug 21, 2023. Business Exclusion Exception to Home Rule Law
The Pennsylvania Supreme Court granted allocatur to consider whether a rental ordinance enacted by the City of Pittsburgh is prohibited by the Business Exception exclusion to the Home Rule Law.
Com. v. Stevenson, 287 A.3d 903 (Pa. Super. 2022), appeal docket 23 EAP 2023
Allocatur granted Aug. 9, 2023. Admission of Prior Conviction for Impeachment Purposes; Waiver of Claim of Error
The Pennsylvania Supreme Court will consider whether, following the trial court’s denial of a defendant’s motion in limine to preclude admission of a prior conviction for impeachment purposes, the defendant’s own direct testimony preemptively acknowledging the previous burglary conviction waives the defendant’s right to challenge the denial of the motion in limine on appeal.
Com. v. Thompson, 289 A.3d 1104 (Pa. Super. 2023), appeal docket 85 MAP 2023
Allocatur granted Aug. 8, 2023. Inventory search exception to the warrant requirement after Com. v. Alexander
The Pennsylvania Supreme Court granted allocatur on the issue of whether an inventory search of an automobile by law enforcement is an exception to the Pennsylvania Supreme Court decision in Commonwealth v . Alexander, 243 A.3d 177 (Pa. 2020) requiring a search warrant before conducting a search of a person’s vehicle or requiring production and proof of exigent circumstances for a warrantless search of a vehicle.
Allocatur granted Aug. 3, 2023. Does the Natural Gas Act preempt EHB jurisdiction over appeals from DEP’s decisions concerning permits required under Federal law?
The Pennsylvania Supreme Court will consider whether the Natural Gas Act preempts the Environmental Hearing Board’s jurisdiction over DEP decisions relating to permits required by Federal law.
July 2023
Com. v. Saunders, 2022 WL 17588739 (Pa. Super. 2022) (unreported), appeal docket 29 EAP 2023
Allocatur granted July 18, 2023. Plain View exception to the warrant requirement after Com. v. Alexander
The Pennsylvania Supreme Court will consider whether the Court’s holding in Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020) requires a fact-specific assessment to determine whether exigency exists to provide officers with a right of access to the interior of an automobile under the plain view exception to the warrant requirement.
Allocatur granted July 13, 2023. Insurance Coverage for Pandemic-related Business Losses
In each of these cases, the Pennsylvania Supreme Court will consider a business’s entitlement to coverage for pandamic-related business losses arising as a result of executive orders issued in response to COVID-19.
June 2023
Allocatur granted June 27, 2023. Public use requirement for a condemnation under eminent domain powers created prior to the passage of the Property Rights Protection Act
The Supreme Court granted allocatur to consider whether the 2006 Property Rights Protection Act applies to condemnations under eminent domain powers created prior to the Act such that it was error for Commonwealth Court to rely on caselaw addressing the public use requirement prior to the Act’s passage.
May 2023
In re Prospect Crozer LLC, 283 A.3d 428 (Pa. Cmwlth. 2022), appeal dockets 37 – 70 MAP 2023
Allocatur granted May 31, 2023. Structural Error; Constitutionality of Senior Judge’s Dual Appointment to Tax Board
The Pennsylvania Supreme Court granted allocatur, limited to the issue of whether the Commonwealth Court erred by finding that a judicial officer has violated Pa. Const., art. V, § 17, concluding that such violation resulted in the automatic forfeiture of judicial office, and determining that such violation constitutes a structural error which renders the trial court’s orders void ab initio.
Allocatur granted May 2, 2023. Are the procedures provided under Pennsylvania’s Refund Act the mandatory and exclusive means of pursuing refunds of excessive fees charged by political subdivisions?
The Pennsylvania Supreme Court will consider whether the procedures provided under Pennsylvania’s Refund Act are the mandatory and exclusive means of pursuing refunds of allegedly “excessive fees” charged by political subdivisions.
April 2023
Gustafson v. Springfield, 282 A.3d 739 (Pa. Super. 2022) (en banc), appeal docket 7 WAP 2023
Allocatur granted Apr. 18, 2023. Constitutionality of Federal Protection of Lawful Commerce in Arms Act (“PLCAA”); PLCAA Qualified Civil Liability Action Exception; Constitutionality: Federalism
The Pennsylvania Supreme Court granted allocatur to consider whether the federal PLCAA is constitutional, and if so, whether PLCAA serves to bar a state product-liability lawsuit brought against the manufacturer and seller of a handgun that was involved in a shooting death.
Com. v. Berry, 2022 WL 4683292 (Pa. Super.) (unreported), appeal dockets 16 & 17 EAP 2023
Allocatur granted Apr. 18, 2023. Consideration of Arrest Record as Factor in Sentencing; Application of Abuse of Discretion Standard
The Pennsylvania Supreme Court will consider whether the trial court improperly considered a defendant’s bare arrest record as a factor in imposing a more severe sentence.
March 2023
Allocatur granted Mar. 26, 2024. Prima Facie Showing Required to Support Unsworn Falsification to Authorities, Tampering with Evidence, Tampering with Public Records, and Obstructing the Administration of Law
The Pennsylvania Supreme Court will consider whether the Commonwealth presented sufficient evidence to establish a prima facie case brought against a former police detective for unsworn falsification to authorities, tampering with or fabricating physical evidence, tampering with public records or information, and obstructing administration of law or other governmental functions.
Mertis v. Oh, 289 A.3d 532 (Pa. Super. 2022), appeal docket 31 MAP 2023
Allocatur granted Mar. 22, 2023. Medical Malpractice; Pa. R.C.P. 4003.6; Opposing Counsel’s Ex Parte Communications with a Party’s Treating Physician
The Supreme Court will consider whether a law firm representing the defendant can have ex parte communications with a non-party treating physician without violating Pennsylvania Rule of Civil Procedure 4003.6.
In Re: Trust B of Wells, 282 A.3d 1149 (Pa. Super. 2022), appeal docket 5 WAP 2023
Allocatur granted Mar. 7, 2023. Charitable Trust Termination; Settlor’s Intent
In this case of first impression, the Supreme Court will consider termination of a Trust and payment of its assets pursuant to subsection (e) of Pennsylvania’s Charitable Trust Termination Statute, which allows for such remedies where the administrative expense of operating the trust is disproportionate to the charitable benefits bestowed by the trust.
Glover v. Junior, 306 A.3d 899 (Pa. Super. 2023), appeal docket 9 EAP 2024
Allocatur granted Mar. 5, 2024. “Intent-based” Parentage of Child Conceived via In Vitro Fertilization
The Pennsylvania Supreme Court will consider whether the parentage of a child conceived via IVF may be established by intent.
February 2023
Ursinus College v. PWAB, 280 A.3d 1113 (Pa. Cmwlth. 2022), appeal docket 18 MAP 2023
Allocatur granted Feb. 22, 2023. “Public Work” under the Pennsylvania Prevailing Wage Act; Municipal Bonds
The Pennsylvania Supreme Court will consider whether a construction project undertaken by Ursinus College was “public work” under Section 2(5) of the Pennsylvania Prevailing Wage Act because the project was financed through bonds issued by the Montgomery County Higher Education and Health Authority.
Allocatur granted Feb. 15, 2023. Reinstatement of Disability Benefits; Judicial Review of WCAB Determination
The issue in this case is whether the Commonwealth Court, in reversing the Workers Compensation Appeal Board and reinstating the claimant’s total disability benefits, correctly applied the holding of Duffey v. WCAB (Trola-Dyne, Inc.), 152 A.3d 984 (Pa. 2017) (Duffey II) or expanded Duffey II and thereby intruded on the province of the WCAB and substituted the court’s judgment.
Allocatur granted Feb. 13, 2023. Is an order finding standing in a custody action appealable as a collateral order?
The Pennsylvania Supreme Court will consider the appealability of an order finding standing in a custody action.
Allocatur granted Feb. 6, 2023. Statute of Limitations applicable to accounting claim by a tenant in-common of real property.
The issue in this case is whether the six-year catch-all statute of limitations applies to a claim for an accounting by a tenant in common that is not in possession of real property against the co-tenant that is in possession.
January 2023
Allocatur granted Jan. 9, 2023. Discretion of trial court to decline to award treble damages under the Unfair Trade Practices and Consumer Protection Law (UTPCPL) where common law punitive damages and statutory attorneys fees were already awarded.
In this case, the Supreme Court will consider a trial court’s discretion in the award of treble damages under the UTPCPL.
MBC Development, LP v. Miller, 281 A.3d 332 (Pa. Super. 2022), appeal docket 1 MAP 2023
Allocatur granted Jan. 4, 2023. Pennsylvania Limited Partnership Act; Forced Arbitration
The Pennsylvania Supreme Court granted allocatur to consider whether a limited partner can force arbitration of his challenges to a special litigation committee.
Allocatur granted Jan. 4, 2023. Statute of Limitations; Excuse from Pa. R.C.P. 401 Service Requirements
The Supreme Court will consider whether a complaint not properly and timely served by Sheriff as required by the Pennsylvania Rules of Civil Procedure may be excused, where such failure is not attributable to the Plaintiff and partially due to COVID-19.
Archives
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2020 Allocatur Grant Archive
2019 Allocatur Grant Archive
2018 Allocatur Grant Archive
2017 Allocatur Grant Archive
Allocatur grants present an excellent opportunity for your group or association to advance your legal and policy goals by filing an amicus brief. Participating as an amicus has proven to be an effective method of advising and influencing courts and often can involve far fewer resources than traditional lobbying. If you are interested or would like more information, contact Kevin McKeon or Dennis Whitaker.