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 as they are made 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. 2018 can be found in our Archives.

March 2020

Terra Firma Builders, LLC v. King, 215 A.3d 1002 (Pa. Super. 2019), appeal docket 15 MAP 2020

Allocatur granted March 10, 2020. Waiver for Failure to File Preliminary Objections to Mechanic’s Lien

The Pennsylvania Supreme granted allocatur in this case to determine whether there is a time limitation by which a property owner must file preliminary objections to a mechanic’s lien under Section 505 of the Mechanic’s Lien Law of 1963.

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December 2019

Finnerty v. Pa. Dep’t of Cmty. & Econ. Dev., 208 A.3d 178 (Pa. Cmwlth. 2019); 2019 WL 1858392 (Pa. Cmwlth. Apr. 25, 2019) (unreported), allocatur granted sub. nom. Chester Water Auth. v. Pa. Dep’t of Cmty. & Econ. Dev., appeal dockets 44 & 45 EAP 2019

Allocatur granted Dec. 27, 2019. Application of RTKL Predecisional Deliberative Exception to Agency Subcontractors; Application of Mootness Doctrine to Records Produced During Appeal

The Pennsylvania Supreme Court granted allocatur in this matter of first impression involving the application of the Pennsylvania Right to Know Law’s internal, predecisional deliberative exception to information shared with agency subcontractors without a direct contractual relationship with the agency. The court will also consider Commonwealth Court’s application of the mootness doctrine to records produced during the pendency of the appeal.

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Wise v. Huntingdon Cty. Hous. Dev. Corp., 212 A.3d 1156 (Pa. Cmwlth. 2019), appeal docket 97 MAP 2019

Allocatur granted Dec. 27, 2019.  Real Estate Exception to Sovereign Immunity Act

The Pennsylvania Supreme Court granted allocatur in this case to consider whether the real estate exception to the Pennsylvania Sovereign Immunity Act applies to a public housing authority’s failure to provide adequate outside lighting of a sidewalk in a public housing complex at night.

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Fox v. Smith, 211 A.3d 862 (Pa. Super. 2019), appeal docket 39 EAP 2019

Allocatur granted Dec. 24, 2019.  The internet and electronic communications: what are the implications on venue in a defamation action?

The Pennsylvania Supreme Court granted allocatur in this case to consider whether venue is proper in an internet-based defamation action where the purported defamation is accessed through the internet despite the lack of any other connection to the venue.

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In re: Adoption of: K.M.G.; A.M.G.; S.A.G.; J.C.C., 219 A.3d 682 (Pa. Super. 2019), appeal dockets 55, 56, 57, and 58 WAP 2019

Allocatur granted Dec. 9, 2019.  Intermediate appellate court’s authority to sua sponte review whether child’s legal interests are represented in parental rights termination proceedings

The Pennsylvania Supreme Court granted allocatur to consider whether the Superior Court has the authority to review, sua sponte, whether a child’s legal interest was represented by counsel during an involuntary termination of parental rights hearing.

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November 2019

In Re: J.W.B. and R.D.B., 215 A.3d 602(Pa. Super. 2019), appeal docket 93 MAP 2019

Allocatur granted Nov. 26, 2019. Adoption/parental rights termination; law applicable to parental consent where parent resides in another state

The Pennsylvania Supreme Court granted allocatur to consider what law applies where a parent whose rights are being terminated resides out of state.

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Estate of Benyo v. Breidenbach, 2009 WL 2094264 (Pa. Super. 2019)(unreported), appeal docket 90 MAP 2019

Allocatur granted Nov. 20, 2019. Property Settlement Agreement; Assignment of Pension Benefits to a Third Party for Survival Annuity

The Supreme Court granted allocatur in this case to consider whether a court order requiring a beneficiary to “transfer” ERISA-exempt pension payments received from the plan administrator of the Pa. Municipal Police Pension Law (MPPL) violates the MPPL, which specifically prohibits “transfer” of its payments and further prohibits the payments from being subject to “legal process.”

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Raynor v. D’Annunzio, 205 A.3d 1252 (Pa. Super. 2019), appeal dockets 35 EAP 2019 & 36 EAP 2019

Allocatur granted Nov. 6, 2019. Is a Civil Contempt Action a “Civil Proceeding” for Purposes of the Dragonetti Act?; Standing

The Supreme Court will consider whether a civil contempt action is a “civil proceeding” as contemplated by the Dragonetti Act and whether an attorney has standing to assert a cause of action under the Dragonetti Act when she was counsel for a party, but not a party, to the underlying civil action.

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October 2019

Commonwealth v. Chesapeake Energy Corp., et al, 206 A.3d 51 (Pa. Cmwlth. 2019), appeal dockets 81 MAP 2019 and 82 MAP 2019

Allocatur granted Oct. 30, 2019. Unfair Trade Practices and Consumer Protection Law (UTPCPL)

The Pennsylvania Supreme Court granted allocatur to consider two issues of first impression under Pennsylvania’s UTPCPL: the Commonwealth’s ability to sue oil and gas lessees on behalf of landowners for deceptive practices and for violation of antitrust law.

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McMichael v. McMichael, 2019 WL 1613152 (Pa. Super. 2019) (unreported), appeal dockets 50 MAP 2019 and 51 MAP 2019

Allocatur granted Oct. 22, 2019. Wrongful Death Act: New Trial for Damages

The Supreme Court granted allocatur to consider whether a new trial on damages is proper where a jury finds liability but awards zero dollars in damages under the Wrongful Death Act.

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In the Interest of D.R. et al., 216 A.3d 286 (Pa. Super. 2019), appeal dockets 45-49 WAP 2019

Allocatur granted Oct. 18, 2019. Authority to Compel Drug Testing in CYS Investigations; Constitutional Protection from Unreasonable Search and Seizure

The Supreme Court granted allocatur to determine, as a matter of first impression, whether a court can compel a parent to submit to a drug analysis in a children and youth services investigation involving allegations of drug use by the parent.

[Read More]

September 2019

Uniontown Newspapers, Inc. v. Pa. Dep’t. of Corr., 185 A.3d 1161 (Pa. Cmwlth. 2018); 197 A.3d 825 (Pa. Cmwlth. 2018), appeal docket 77 MAP 2019

Allocatur granted Sept. 24, 2019. Right to Know Law: Attorney Fees following Commonwealth Court’s Bad Faith Determination

The Pennsylvania Supreme Court granted allocatur in these combined cases to consider whether the Commonwealth Court’s award of attorneys’ fees based on an agency’s bad faith in responding to a RTKL request was proper.  

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Commonwealth v. Peck, 202 A.3d 739 (Pa. Super. 2019), appeal docket 75 MAP 2019

Allocatur granted Sept. 24, 2019. Liability for drug delivery resulting in death where delivery of drugs occurred out of state but death occurred in Pennsylvania

The Pennsylvania Supreme Court granted allocatur to consider questions relating to whether a drug delivery that occurred out of state resulting in a death in Pennsylvania may be a basis for a drug delivery resulting in death (DDRD) conviction.

[Read More]

S.B. v. S.S., 201 A.3d 774 (Pa. Super. 2019), appeal docket 39 WAP 2019

Allocatur granted Sept. 11, 2019. Does a gag order prohibiting a parent from speaking publicly about a child custody case violate the constitutional right to free speech?

The Pennsylvania Supreme Court granted allocatur to consider whether a gag order issued in a child custody case violates a parent’s constitutional right to free speech because the order precludes the parent and attorneys from speaking publicly about the case in a manner that would identify the child involved.

[Read More]

J.F. v. Dep’t of Human Servs., 204 A.3d 1042 (Pa. Cmwlth. 2019) (sealed), appeal docket 72 MAP 2019

Allocatur granted Sept. 2019. Child Protective Services Law; Right to a Hearing Contesting Founded Report Based on Facts Not Adjudicated

The Supreme Court granted allocatur in this sealed case involving an issue of first impression: whether an alleged perpetrator is entitled to an evidentiary hearing under the Child Protective Services Law on a founded report based on an ARD proceeding.

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In Re: Passarelli Family Trust, 206 A.3d 1188 (Pa. Super. 2019), appeal docket 71 MAP 2019

Allocatur granted Sept. 11, 2019. Irrevocable Trusts: Termination pursuant to 20 Pa.C.S. § 7736 for fraud

The Pennsylvania Supreme Court granted allocatur in this case to consider the standard for termination of a trust pursuant to 20 Pa.C.S. § 7736 when a party seeks to rescind an irrevocable trust that was induced by fraud.

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Commonwealth v. Bagnall, 2019 WL 994169 (Pa. Super. 2019), appeal docket 38 WAP 2019

Allocatur granted Sept. 11, 2019. Grant of New Trial Based on Brady Violation

The Pennsylvania Supreme Court granted allocatur to consider whether the Superior Court correctly affirmed the trial court’s refusal to grant a new trial based upon a serious Brady violation when the Defendant failed to demonstrate that the Commonwealth willingly withheld material evidence and that the evidence was in the exclusive control of the Commonwealth.

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Rullex Co., LLC v. Tel-Stream, Inc., 2019 WL 168285 (Pa. Super. 2019) (unreported), appeal docket 27 EAP 2019

Allocatur granted Sept. 10, 2019. Restrictive covenants: can a restrictive covenant be enforceable if it is signed after employment begins?

The Pennsylvania Supreme Court granted allocatur to consider issues related to Superior Court’s affirmance of the trial court’s order denying a preliminary injunction to enforce a non-compete agreement.

[Read More]

Commonwealth v. Mason, 2019 WL 1084210 (Pa. Super. 2019) (unreported), appeal docket 69 MAP 2019

Allocatur granted Sept. 10, 2019. Is an audio recording of an unknowing babysitter a violation of the Wiretap Act?

The Pennsylvania Supreme Court granted allocatur to consider whether an audio recording of an unknowing babysitter, who was an employee and regular guest in the home, is a violation of the Wiretapping and Electronic Surveillance Control Act.

[Read More]

Fouse v. Saratoga Partners, L.P., 204 A.3d 1028 (Pa. Cmwlth.) allocatur granted sub nom. Lohr v. Saratoga Partners, L.P., appeal docket 67 MAP 2019

Allocatur granted Sept. 4, 2019. Constitutionality of Lack of Right to Redemption under the Real Estate Tax Sale Law

The Supreme Court will consider whether exclusion of a post-sale right to redemption under the tax sale law for less populous (second class-A through eighth) counties violates the Equal Protection Clause of the United States Constitution and Article III of the Pennsylvania Constitution in light of the inclusion of a post-sale right of redemption clause in the tax sale law of more populous (first and second class) counties.

[Read More]

In re: Estate of Small, 2019 WL 336185 (Pa. Super. 2019)(unreported), allocatur granted Sept. 4, 2019, appeal docket 26 EAP 2019

Allocatur granted Sept. 4, 2019. Forfeiture of Estate of Adult Decedent Dependent on Parental Support

The Pennsylvania Supreme Court granted allocatur to consider whether, pursuant to 20 Pa.C.S.A. § 2106(b)(1), an adult decedent is a “dependent child” where the decedent depended on the support of a parent in order to care for himself.

[Read More]

Leight v. University of Pittsburgh, et al., 202 A.3d 103 (Pa. Super. 2018), appeal docket 29 WAL 2019 transferred to 35 WAP 2019

Allocatur granted Sept. 3, 2019. Does the Mental Health Procedures Act, 50 P.S. §§ 7101-7503, apply to voluntary outpatient treatment?

The Supreme Court granted allocatur in this case to determine whether the Mental Health Procedures Act (MHPA) applies to voluntary outpatient treatment.

[Read More]

August 2019

Woodford v. Pennsylvania Ins. Dep’t, 201 A.3d 899 (Pa. Cmwlth. 2019), appeal docket 65 MAP 2019

Allocatur granted Aug. 13, 2019. Summary Judgment based on Moving Party’s Testimonial Evidence; Prohibition of Fees in Addition to Commissions in Insurance Transactions

The Supreme Court of Pennsylvania granted allocatur to consider (1) whether genuine issues of material fact concerning the credibility of statements made in a moving party’s affidavit precludes summary judgment and (2) an issue of first impression, whether the Insurance Commissioner’s directive that a producer stop imposing fees in addition to commissions in consumer transactions was reasonable. 

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Sivick v. State Ethics Commission, 202 A.3d 814 (Pa. Cmwlth. 2019), appeal docket 62 MAP 2019

Allocatur granted Aug. 6, 2019. Violation of the Public Official and Employee Ethics Act; Restitution for Indirect Financial Gain; Conflict of Interest Exception

The Supreme Court will consider whether a Township Supervisor’s participation in verifying Township payroll records for Township employees, including his son, constituted a prohibited conflict of interest in violation of Section 1103(a) of the Ethics Act and whether restitution may be ordered for an ethics violation where the individual who obtained financial gain was not a public official, but an immediate family member.

[Read More]

July 2019

In Re: Consol. Appeals of Chester-Upland SD, et al, 200 A.3d 1052 (Pa. Cmwlth. 2018), appeal docket 57 MAP 2019

Allocatur granted July 24, 2019. Consolidated County Assessment Law; Tax Assessment; Valuation of Advertising Signs

The Supreme Court will consider whether the presence of an outdoor advertising sign on a property is a proper consideration when determining the fair market value of the property for the purposes of a real estate tax assessment.

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Northern Berks Reg. Police Comm. v. Berks Co. FOP, 196 A.3d 715 (Pa. Cmwlth. 2018), appeal docket 53 MAP 2019

Allocatur granted July 3, 2019. Act 111; Scope of Review

The Pennsylvania Supreme Court will consider the narrow certiorari scope of review for grievance arbitration of public employees, including police officers, when the outcome creates unreasonable results in this Act 111 case.  

[Read More]

Renner v. Court of Common Pleas of Lehigh Cty., 195 A.3d 1070 (Pa. Cmwlth. 2018), reargument en banc denied (Dec. 3, 2018), appeal docket 52 MAP 2019

Allocatur granted July 2, 2019. Soverign Immunity; Separation of Powers

The Pennsylvania Supreme Court will consider whether the Judiciary is exempt from the Pennsylvania Human Relations Act through sovereign immunity or the separation of powers doctrine.

[Read More]

June 2019

Gregg v. Ameriprise Financial, Inc., 195 A.3d 930 (Pa. Super. 2018), appeal docket 29 WAP 2019

Allocatur granted June 27, 2019. Strict Liability under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law’s Catchall Provision

The Supreme Court will hear argument on whether a strict liability standard should apply to a claim under the “catch-all” provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 

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Harrison v. Health Network Lab, et al, 203 A.3d 307 (Pa Super. 2018), appeal docket 51 MAP 2019

Allocatur granted June 27, 2019. Pennsylvania Human Relations Act

Is the Pennsylvania Human Relations Act the exclusive remedy for a retaliation claim under the Pennsylvania Whistleblower Law where the wrong alleged by the whistleblower is unlawful discrimination against a third party?

[Read More]

Commonwealth v. Davis, 207 A.3d 341 (Pa. Super. 2019), appeal docket 49 MAP 2019 (to be argued consecutively with Commonwealth v. Lehman involving a similar cost of prosecution issue)

Allocatur granted June 25, 2019. Costs of Prosecution for Resentencing under 16 P.S. § 1403

The Supreme Court will hear argument on whether costs relating to re-sentencing, constitute “costs of prosecution and trial” under 16 P.S. § 1403.

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Commonwealth v. Lehman, 201 A.3d 1279 (Pa. Super. 2019), appeal docket 47 MAP 2019 (to be argued consecutively with Commonwealth v. Davis involving a similar cost of prosecution issue)

Allocatur granted June 25, 2019. Costs of Prosecution for Contested Expert Testimony in Contested Resentencing under 16 P.S. § 1403

The Supreme Court will consider whether costs relating to contested expert testimony in a contested resentencing constitute costs of prosecution under 16 P.S. §1403, and are ineligible for imposition upon a defendant reimbursement as part of a sentence as a matter of law.

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Commonwealth v. Copenhaver, 200 A.3d 956 (Pa. Super. 2018), appeal docket 48 MAP 2019

Allocatur granted June 25, 2019. May a sheriff conduct a stop and search based on observing an expired vehicle registration tag, treating it as a “breach of the peace?”

The Supreme Court granted review of the Superior Court’s finding that an expired vehicle registration tag constitutes a “breach of the peace”, thus granting sheriffs and citizens a common law power to arrest on that basis alone.

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Nicole B. v. Sch. Dist. of Phila., 2018 WL 6596377 (Pa. Cmwlth. 2018) (unreported), appeal docket 16 EAP 2019

Allocatur granted June 25, 2019. Application of equitable and minority tolling to administrative complaints before the PHRC

The Pennsylvania Supreme Court granted allocatur to consider the application of equitable and minority tolling to administrative complaints before the PHRC.

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Bourgeois v. Snow Time, Inc et al., 2018 WL 3868670 (Pa. Super. 2018) (unreported), appeal docket 50 MAP 2019

Allocatur granted June 25, 2019. Summary Judgment; Standard of care; Recklessness and/or Gross Negligence

The Supreme Court granted review of Superior Court’s affirmance of a York County Court of Common Pleas order finding that Bourgeois  signed a valid waiver relieving Defendants from claims of negligence.

[Read More]

May 2019

Kurach v. Truck Insurance Exchange; Wintersteen v. Truck Insurance Exchange, 2018 WL 4041707 (Pa. Super. 2018) (unreported), allocatur granted May 29, 2019, appeal dockets 12 and 13 EAP 2019

Allocatur granted May 14, 2019. Use of General Contractor Overhead and Profit (GCOP) in determining Actual Cash Value benefits under insurance policy affording replacement coverage

The Pennsylvania Supreme Court granted allocatur in this case to consider whether GCOP should be excluded when determining the actual cash value benefits under property insurance policies affording replacement coverage.

[Read More]

Middaugh v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 196 A.3d 1073 (Pa. Cmwlth. 2018), appeal docket 45 MAP 2019

Allocatur granted May 14, 2019. Civil license suspension appeal based on delay; Gingrich factors

The Supreme Court granted allocatur in this case involving Commonwealth Court’s application of the factors set forth in Gingrich v. Department of Transportation, Bureau of Driver Licensing, 134 A.3d 528 (Pa. Cmwlth. 2016) (en banc) to a license suspension challenge based on a 2-year, 4-month delay in the Delaware County Office of Judicial Support’s (OJS) reporting of a DUI conviction to the Department of Transportation.

[Read More]

Dana Holding Corp. v. WCAB (Smuck), 195 A.3d 635 (Pa. Cmwlth. 2018),  appeal docket 44 MAP 2019

Allocatur granted May 14, 2019. Workers’ Compensation: Retroactive application of Protz to determine impairment ratings

The Supreme Court of Pennsylvania granted allocatur in this case involving workers’ compensation impairment ratings. 

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In the Interest of: N.B.-A.; Appeal of: E.A., 2019 WL 1985543 (Pa. Super. 2019), appeal docket 11 EAP 2019

Allocatur granted May 6, 2019. Can a parent be considered a perpetrator of abuse when there is another identified direct perpetrator of sexual abuse?

The Supreme Court of Pennsylvania granted allocatur in this case involving the sexual abuse of a minor. 

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April 2019

Commonwealth v. Jones, 2018 WL 3598642 (Pa. Super. 2018) (unreported),  appeal docket 24 WAP 2019

Allocatur granted April 30, 2019. Testimony concerning sex crime victim behaviors and responses: Expert or lay?

The Pennsylvania Supreme Court granted allocatur to address whether testimony concerning sex crime victims’ responses and behaviors is expert or lay opinion testimony.

[Read More]

In re: H.R., a Minor, 196 A.3d 1059 (Pa. Super. 2018), appeal docket 41 MAP 2019

Allocatur granted April 30, 2019. Is 42 Pa. C.S. § 6403 (“Act 21”), providing for civil commitment of sexually violent minors, “punitive,” and thus unconstitutional?

The Pennsylvania Supreme Court granted allocatur in this case involving the retroactive application of Act 21 and its mechanism for determining whether an individual is a sexually violent delinquent child.

[Read More]

Hammons v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. 2018); In re Pelvic Mesh Litigation, 2019 WL 1486697 (Pa. Super. Apr. 3, 2019) (unreported); Carlino v. Ethicon, — A.3d — (Pa. Super. Apr. 11, 2019),  appeal docket 7 EAP 2019

Allocatur granted April 10, 2019. Personal Jurisdiction in Product Liability Actions brought by Out of State Plaintiffs; Application of Bristol-Myers Squibb

The Supreme Court granted allocatur to determine whether Pennsylvania may assert personal jurisdiction over two New Jersey companies in pelvic mesh product liability cases involving Indiana resident asserting claims under the Indiana Product Liability Act

[Read More]

Commonwealth v. Wolfel, 2017 WL 6629411 (Pa. Super. 2017)(unreported), appeal docket 23 WAP 2019

Allocatur granted April 10, 2019. DUI; Suppression of Blood Test Evidence in light of Birchfield v. North Dakota; Waiver

The Supreme Court granted allocatur in this case involving the retroactive application of the US Supreme Court’s decision in Birchfield v. North Dakota to the admission of DUI blood test results.

[Read More]

March 2019

Berg v. Nationwide Mut. Ins. Co., 189 A.3d 1030 (Pa. Super. 2018), appeal docket 33 MAP 2019

Allocatur granted March 29, 2019. Bad faith claims: deference to trial court factual findings

The Supreme Court granted review of the Superior Court’s extraordinary step of vacating the trial court’s judgment in favor of the insured and entering judgment for Nationwide, based on a determination that the trial court’s factual findings were not supported by the evidence.

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A Special Touch v. UC Tax Services, 192 A.3d 1238 (Pa. Cmwlth. 2018), appeal docket 30 MAP 2019

Allocatur granted March 12, 2019. Liability for unemployment compensation tax

The Pennsylvania Supreme Court will consider when workers are “independent contractors” because they are “customarily engaged in an independently established trade, occupation, profession, or business.”

[Read More]

Commonwealth v. Montgomery, 192 A.3d 1198 (Pa. Super 2018), appeal docket 4 EAP 2019

Allocatur granted March 12, 2019. Sufficiency of evidence; Concealed firearm

The Pennsylvania Supreme Court granted allocatur to consider the meaning of “concealed” for purposes of a Section 6106 unlicensed carry charge.

[Read More]

Commonwealth v. Taylor, 2018 WL 4290127 (Pa. Super. 2018), appeal docket 29 MAP 2019

Allocatur granted March 12, 2019. Criminal Prosecution of a Juvenile

The Pennsylvania Supreme Court granted allocatur in this case to determine whether a juvenile court violates a juvenile’s Fifth Amendment right if it considers refusal to admit guilt as a reason to transfer to criminal court.

[Read More]

Walsh v. BASF Corp., 191 A.3d 838 (Pa. Super. 2018), appeal dockets 14, 15, 16, 17 and 18 WAP 2019

Allocatur granted March 5, 2019. Expert Testimony; Frye Standard: Trial Court as Gatekeeper?

The Pennsylvania Supreme Court granted allocatur in this case involving application of the Frye standard to evaluate expert scientific evidence.

[Read More]

Commonwealth v. King, 2018 WL 4271212 (Pa. Super. 2018) (unreported), appeal docket 3 EAP 2019

Allocatur granted March 5, 2019. Attempted Murder: Longer Sentence Notice Requirement; Multiple Convictions for More Than One Inchoate Offense

The Pennsylvania Supreme Court granted allocatur in this criminal case involving notice issues and multiple convictions for more than one inchoate offense.

[Read More]

Dean v. Bowling Green Brandywine, 192 A.3d 1177 (Pa. Super. 2018), appeal docket 20 MAP 2019

Allocatur granted March 4, 2019. Mental Health Procedures Act; Limited Immunity for Care of Addicted Patients

The Pennsylvania Supreme Court granted allocatur in this case to consider if the Mental Health Procedures Act limited immunity provisions apply to a patient receiving treatment for addiction.

[Read More]

February 2019

Commonwealth v. Hoover, 2018 WL 4215020 (Pa. Super. 2018)(unreported), appeal docket 25 MAP 2019

Allocatur granted Feb. 27, 2019. Reconsideration of Early Release Order based on Subsequent Offense

The Pennsylvania Supreme Court granted allocatur in this case involving reconsideration of an early release order following Defendant’s subsequent DUI charge.

[Read More]

Commonwealth v. Smith, 2018 WL 4089657 (Pa. Super. 2018)(unreported), appeal docket 2 EAP 2019

Allocatur granted Feb. 26, 2019. Possession of Firearms; Determination of Fugitive Status

The Pennsylvania Supreme Court granted allocatur to consider the Superior Court’s determination of fugitive status to support a possession of firearms conviction.

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In the Interest of J.M.G., 2018 WL 2274825, (Pa. Super. 2018) (unreported),  appeal docket 18 MAP 2019

Allocatur granted Feb. 13, 2019. Is a Disclosure that Violates the Psychiatrist/Patient Privilege in an Act 21 Commitment Harmless Error?

The Pennsylvania Supreme Court granted allocatur in this case to determine if a disclosure where the trial court violates the psychiatrist/patient privilege can ever be harmless error.

[Read More]

Maas v. UPMC, 192 A.3d 1139 (Pa. Super. 2018), appeal docket 7 WAP 2019

Allocatur granted Feb. 13, 2019. Duty to Warn Third Parties of Danger Posed by Mental Health Patient

The Pennsylvania Supreme Court will consider whether mental health professionals have a duty to warn unidentified neighbors of a mental health patient of possible risk.

[Read More]

Com. v. Hamlett, 2018 WL 4327391 (Pa. Super. 2018) (unreported), appeal docket 8 WAP 2019

Allocatur granted Feb. 13, 2019. Sua Sponte Raising of Harmless Error; Right for Any Reason Doctrine

The Pennsylvania Supreme Court granted allocatur in this criminal case to determine issues related to harmless error and the right for any reason doctrine.

[Read More]

In Re: The Estate of William K. McAleer, 194 A.3d 587 (Pa. Super. 2018), appeal docket 6 WAP 2019

Allocatur granted Feb. 4, 2019.  Attorney-client Privilege; Administration of Trusts.

The Pennsylvania Supreme Court granted allocatur to determine whether attorney-client privilege and work product doctrines protect communications between a trustee and counsel from discovery by beneficiaries.

[Read More]

Easton Area Sch. Dist. v. Miller, 191 A.3d 75 (Pa. Cmwlth. 2018), appeal docket 13 MAP 2019

Allocatur granted Feb. 4, 2019.  Right to Know Law; Disclosure of School Bus Surveillance Video under Family Educational Rights and Privacy Act

The Supreme Court granted allocatur in this case involving public disclosure of school bus security footage pursuant to the RTKL.

[Read More]

January 2019

Assouline v. Reynolds, 184 A.3d 970 (Pa. Super. 2018), allocatur granted Jan. 29, 2019, appeal docket 5 WAP 2019

Allocatur granted Jan. 29, 2019.  Jurisdiction; Landlord Tenant Dispute without a Lease

The Supreme Court granted allocatur in this case involving subject matter jurisdiction in landlord tenant action before the magistrate.

[Read More]

Seda-Cog Joint Rail Authority v. Carload Express, Inc., 185 A.3d 1232 (Pa. Cmwlth. 2018), appeal docket 12 MAP 2019

Allocatur granted Jan. 23, 2019.  Municipalities Authorities Act: “Majority” Needed to Take Action

The Supreme Court granted allocatur in this case involving application of the majority voting requirement pursuant to the MAA.

[Read More]

Trigg v. Children’s Hosp. of Pittsburgh of UPMC, 187 A.3d 1013 (Pa. Super. 2018), appeal docket 3 WAP 2019

Allocatur granted Jan. 23, 2019.  Jury Selection; McHugh Deference

The Supreme Court granted allocatur in this case to address issues related to the application of the McHugh deference standard. 

[Read More]

City of Pittsburgh v. Fraternal Order of Police Fort Pitt Lodge No. 1, 189 A.3d 491 (Pa. Cmwlth. 2018), appeal docket 2 WAP 2019

Allocatur granted Jan. 16, 2019.  Act 111; Arbitrator’s Authority in a Grievance Arbitration

The Supreme Court granted allocatur in this case to address the scope of authority of the arbitrator in an Act 111 grievance arbitration. 

[Read More]

Carr v. PennDOT & SCSC, 189 A.3d 1 (Pa. Cmwlth. 2018), appeal docket 3 MAP 2019.

Allocatur granted Jan. 8, 2019. Protected matter of public concern or actionable expression of personal frustration?

The Pennsylvania Supreme Court granted allocatur in this case to determine if a disclosure where the trial court violates the psychiatrist/patient privilege can ever be harmless error.

[Read More]

Crown Castle NG East, LLC v. Pennsylvania Public Utility Commission, 188 A.3d 617 (Pa. Cmwlth. 2018),  appeal docket 2 MAP 2019

Allocatur granted Jan. 3, 2019.  Definition of “Public Utility”; DAS Service vs. Cell Phone Service; Agency Deference; Statutory Construction

The Supreme Court granted allocatur in this appeal of a Pennsylvania Public Utility Commission decision regarding DAS provider Crown Castle.

[Read More]

Young v. Pennsylvania Board of Probation and Parole, 189 A.3d 16 (Pa. Cmwlth. 2018), appeal docket 1 MAP 2019

Allocatur granted Jan. 2, 2019.  Statutory Interpretation; Sentence Credit Revocation Under the Parole Code

The Supreme Court granted allocatur in this appeal involving the revocation of earned sentence credit under the Parole Code.

[Read More]

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.