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. 2020 can be found in our Archives.
February 2023
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.
September 2022
Allocatur granted Sept. 13, 2022. Employment; Constitutionality of Application of Veterans’ Preference to Promotions
The Supreme Court granted allocatur to consider the constitutionality of the application of veterans’ preference to promotions.
August 2022
M.M.F v. M.F., 2022 WL 374322 (Pa. Super. 2022) (unreported), appeal docket 36 WAP 2022
Allocatur granted Aug. 15, 2022. Childcare Costs; Child Support; Pa R.C.P. 1910.16-6(a)
The Supreme Court will consider whether a child support obligation should include childcare expenses not incurred, based upon Mother’s deemed earning capacity.
Commonwealth v. Jackson, 271 A.3d 461 (Pa. Super. 2021), appeal docket 24 EAP 2022
Allocatur granted Aug. 2, 2022. Criminal law; Suppression; Terry Stop; Reasonable Suspicion
The Supreme Court will hear argument involving the suppression of evidence recovered after a person is seized by police even where the officer did not suspect the individual stopped of criminal activity.
July 2022
Dinardo v. Kohler, 270 A.3d 1201 (Pa. Super. 2022), appeal dockets 22 and 23 EAP 2022
Allocatur granted July 27, 2022. Pennsylvania’s “No felony conviction recovery rule”
The Supreme Court will consider whether Pennsylvania’s “no felony conviction recovery” rule precludes the award of any civil damages where the convicted would not benefit or profit from their own criminal acts, but rather would be compensated for alleged medical malpractice relating to the crimes for which they pleaded guilty.
June 2022
Rush v. Erie Ins. Exchange, 265 A.3d 794 (Pa. Super. 2021), appeal docket 77 MAP 2022
Allocatur granted June 27, 2022. Motor Vehicle Financial Responsibility Law; Regular Use Exclusion
The Supreme Court will consider whether a “regular use” exclusion clause in an insurance policy as it relates to uninsured and underinsured motorist coverage is unenforceable because it violates the Motor Vehicle Financial Responsibility Law.
Allocatur granted June 22, 2022. Breach of Contract; Attorney’s Fees; Damages; Limitation on Damages
The Pennsylvania Supreme Court granted allocatur to consider a contractual attorney’s fees provision and the limitation of damages to profits beyond one-year post-breach.
PIAA v. Campbell, 268 A.3d 502 (Pa. Cmwlth. 2021), appeal dockets 71 and 72 MAP 2022
Allocatur granted June 22, 2022. Applicability of RTKL to “State-affiliated” Entities; Nonprofit Corporation Law
The Supreme Court will consider whether the Pennsylvania Interscholastic Athletic Association (PIAA) is subject to the RTKL.
Sullivan v. Werner Company, 253 A.3d 730 (Pa. Super. 2021), appeal docket 18 EAP 2022
Allocatur granted June 8, 2022. Products Liability; Manufacturer’s Defect; Evidence; Industry and Government Standards
The Pennsylvania Supreme Court will consider whether it was an error of law, under the product liability principles the court established in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) to prevent the jury from considering the product’s compliance with pertinent industry and governmental safety standards.
Bindas v. PennDOT, 260 A.3d 991 (Pa. Cmwlth. 2021), appeal docket 27 WAP 2022
Allocatur granted June 8, 2022. Eminent Domain; Condemnation; Actual/Constructive Notice; Recording
The Pennsylvania Supreme Court granted allocatur to consider whether a right of way plan approved by the Governor is effective to condemn property pursuant to 36 P.S. § 670- 210 without the proper recording and indexing as required by that statute.
Barris v. Stroud Twp., 2017 WL 5505510 (Pa. Cmwlth. 2017) (en banc), appeal docket 68 MAP 2022
Allocatur granted June 6, 2022. Firearms; Second Amendment; Facial Challenge; As-applied Challenge
The Pennsylvania Supreme Court granted allocatur to consider the constitutionality of a local ordinance, which limits target shooting to two non-residential zoning districts.
Commonwealth v. McGinnis, 258 A.3d 554 (Pa. Super. 2021), appeal docket 26 WAP 2022
Allocatur granted June 6, 2022. Admissibility of False Memory Expert Testimony at Trial for Sexual Offenses under 18 Pa.C.S. Chapter 31
The Supreme Court granted allocatur to consider whether expert testimony regarding false memories is admissible at trial for sex crimes.
May 2022
Allocatur granted May 25, 2022. Civil procedure, Coordination under Pa. R.C.P. 213.1
The Supreme Court will consider whether actions involving similar coverage issues against Erie Insurance Exchange can be coordinated pursuant to Rule 213.1 of the Pennsylvania Rules of Civil Procedure.
Allocatur granted May 17, 2022. Irrevocable Trust; Power of attorney declared void ab initio
The Supreme Court will consider whether a trust created by an improperly executed, but otherwise facially proper power of attorney is void upon creation.
Commonwealth v. Weeden, 253 A.3d 329 (Pa. Super. 2021), appeal docket 19 WAP 2022
Allocatur granted May 11, 2022. Confrontation Clause; Testimonial Statements
The Supreme Court will consider whether a “Shotspotter Investigative Lead Summary” written report is testimonial in nature and therefore subject to the Confrontation Clause under the United States and Pennsylvania Constitutions.
April 2022
Mimi Investors, LLC v. Tufano, 2021 WL 5150053 (Pa. Super.) (unpublished), appeal docket 57 MAP 2022
Allocatur granted Apr. 26, 2022. Pennsylvania Securities Act: must a plaintiff plead and prove scienter to recover for misrepresentations?
The Supreme Court granted allocatur to consider whether plaintiffs must plead that defendants intended to deceive investors to recover in a lawsuit brought under Pennsylvania Securities Act.
Commonwealth v. McGee, 2021 WL 2826693 (Pa. Super.) (unpublished), appeal docket 17 WAP 2022
Allocatur granted Apr. 12, 2022. Does Post Conviction Relief Act’s (PCRA) time-bar trump a trial court’s power to correct obvious mistakes?
The Supreme Court will consider whether the PCRA prevents a court from exercising its inherent power to correct obvious errors in sentencing after the expiration of the PCRA’s one-year limit.
March 2022
Allocatur granted Mar. 31, 2022. Negligence; Liability; Non-Licensed Host; Liquor Code
The Pennsylvania Supreme Court will consider if a non-licensed host who invites guests to an event for purposes that are not purely social, and requires those who wish to attend to pay a fee in exchange for alcohol that will be provided on a self-serve-drink all you want basis, is not liable to an innocent third party who is injured as the result of a guest who left the event and was provided alcohol while visibly intoxicated during the event.
Salsberg v. Mann, 262 A.3d 1267 (Pa. Super. 2021) (en banc), appeal docket 7 EAP 2022
Allocatur granted Mar. 31, 2022. Intentional interference with at-will employment contract by supervisor acting out of personal animus: Actionable?
The Pennsylvania Supreme Court will consider if Pennsylvania should apply the Restatement Second of Torts § 766 to an Intentional Interference claim by an at-will employee against a supervisor who acted against that employee, not as an agent on behalf of her employer, but ultra vires and pursuant to personal animus.
Allocatur granted Mar. 30, 2022. Right to Know Law: Remand to OOR for Additional Fact-finding based on Public Safety Concerns
The Supreme Court granted allocatur to consider whether Commonwealth Court abused its discretion in ordering the Office of Open Records to conduct additional factfinding as to whether the records in question are exempt from disclosure under the threat to public safety exemption of the Right to Know Law.
February 2022
USA v. Harris, 2020 WL 7232898 (E.D. Pa. 2021) (unreported), appeal docket 5 EAP 2022
Petition for Certification granted Feb. 14, 2022. Does a conviction under 18 Pa. C.S. § 2702(a)(1) require some use of physical force?
The Pennsylvania Supreme Court will consider whether a conviction for first degree aggravated assault pursuant to subsection (a)(1) requires the use of physical force.
Allocatur granted Feb. 1, 2022. Sales-based Real Estate Tax Assessment; School District Discretion
In this case, the court will consider, as a matter of first impression, whether a school district’s use of recent sales prices to select property assessments for appeal violates either the Equal Protection Clause of the U.S. Constitution or the Uniformity Clause of the Pennsylvania Constitution.
January 2022
Allocatur granted Jan. 4, 2022. Workers’ Compensation; Heart and Lung Benefit Subrogation from Recovery under the Dram Shop Act
The Pennsylvania Supreme Court will consider whether an employer that paid Heart and Lung Act benefits entitled to subrogation from a claim in which the employee was injured and asserted motor vehicle negligence- and Dram Shop Act-based claims.
In the Int. of: K.N.L, 2021 WL 4440535 (Pa. Super.) (unreported), appeal docket 1 EAP 2022
Allocatur granted Jan. 4, 2022. Third-Party Standing to Intervene in Adoption
The Supreme Court will consider whether the lower court erred in deciding that a third-party did not stand in loco parentis and therefore lacked standing to intervene in the child’s adoption.
Commonwealth v. Verbeck, 2021 WL 1328551 (Pa. Super. 2021) (unreported), appeal docket 1 MAP 2022
Allocatur granted Jan. 4, 2022. Acceptance of ARD as a Prior Conviction for DUI Sentencing Purposes
The court granted allocatur to consider whether acceptance of ARD is a prior conviction for the purposes of DUI sentencing.
December 2021
Commonwealth v. Wallace, 244 A.3d 1261 (Pa. Super. 2021), appeal docket 93 MAP 2021
Allocatur granted Dec. 29, 2021. Are GPS Records Hearsay?
The Pennsylvania Supreme Court will consider whether GPS location records are inadmissible as hearsay.
Commonwealth v. Smith, 253 A.3d 682 (Pa. Super. 2021) (unreported), appeal docket 92 MAP 2022
Allocatur granted Dec. 15, 2021. Admissibility of Co-defendant’s Redacted Statement.
The Supreme Court will consider whether Superior Court erred in affirming the trial court’s admission of the redacted statement of a co-defendant notwithstanding the Pennsylvania Supreme Court decisions in Commonwealth v. Rainey, 928 A.2d 216 (Pa. 2007) and Commonwealth v. Johnson, 378 A.2d 859 (Pa. 1977), which interpreted Bruton v. United States, 391 U.S. 123 (1968).
November 2021
Commonwealth v. Armolt, 2021 WL 240523 (Pa. Super. 2021) (unreported), appeal docket 86 MAP 2021
Allocatur granted Nov. 17, 2021. Adult Jurisdiction over Crimes Committed as a Juvenile
The court granted allocatur to consider whether the trial court erred in trying an individual as an adult for crimes committed and first reported when the person was a juvenile.
Javitz v. Luzerne County, 2021 WL 3028160 (Pa. Cmwlth. 2021) (unreported), appeal docket 85 MAP 2021
Allocatur granted Nov. 16, 2021. Whistleblower Law; Causation.
The Supreme Court will consider the evidence of causation required to make a prima facie case under the Whistleblower law.
Commonwealth v. Humphrey, 2021 WL 1616879 (Pa. Super.) (unreported), appeal dockets 81 & 82 MAP 2021
Allocatur granted Nov. 10, 2021. Dismissal of Charges pursuant to Section 7403(e) of the Mental Health Procedures Act
The Pennsylvania Supreme Court will examine the dismissal of criminal charges pursuant to 50 P.S. § 7403(e) of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 71701, et. seq.
Allocatur granted Nov. 3, 2021. Pre-Approval of School District Transportation Plans by PDE
The Pennsylvania Supreme Court will consider whether 22 Pa. Code § 23.2 requires school districts to obtain advance approval from the Pennsylvania Department of Education of pupil transportation plans and transportation services contracts.
Allocatur granted Nov. 3, 2021. Zoning; De Facto Exclusion Following Enactment of Ordinance
The Supreme Court granted allocatur in this case involving a validity challenge to the Charlestown Township Zoning Ordinance on the basis it effectuated a de facto exclusion of outdoor advertising billboards from within the limits of the Township.
Allocatur granted Nov. 2, 2021. Environmental Law; Hazardous Sites Cleanup Act; De Facto Taking; Pa Const. Art. I, Sec. 27
The Pennsylvania Supreme Court granted allocatur to consider the Commonwealth Court’s conclusion that the Board exceeded its authority in rescinding Gibraltar’s permits based on DEP’s inaction and that such rescission effectuated a taking of Gibraltar’s lawful use of its land without due process of law.
October 2021
Commonwealth v. Jones, 2021 WL 1345560 (Pa. Super.) (unreported), appeal docket 31 EAP 2021
Allocatur granted Oct. 26, 2021. Admission of Non-Testifying Co-Defendant’s Redacted Statement
The Pennsylvania Supreme Court will consider whether a non-testifying co-defendant’s redacted statement violates an accused’s right to confront witnesses.
Allocatur granted Oct. 5, 2021. Aiding and Abetting Fraud; Actual Knowledge
The court granted allocatur to consider whether aiding and abetting fraud is an actionable tort, whether actual knowledge is required to satisfy the elements of the tort; and whether the trial court erred in failing to recognize that the jury’s no-liability finding necessarily barred relief.
Allocatur granted Oct. 5, 2021. Clean Streams Law; Permittee Attorney Fee Liability
The Pennsylvania Supreme Court will consider the proper standard for the assessment of fees against private DEP permittees under Section 307(b) of the Clean Streams Law.
September 2021
Goodwin v. Goodwin, 244 A.3d 453 (Pa. Super. 2020), appeal docket 70 MAP 2021
Allocatur granted Sept. 16, 2021. Life Insurance and Marital Property
The Supreme Court will consider whether life insurance and IRA proceeds paid to only one spous is property “acquired by gift…bequest, devise or descent” and, therefore, not subject to equitable distribution.
Commonwealth v. Brown, 2021 WL 1235213 (Pa. Super.) (unreported), appeal docket 29 EAP 2021
Allocatur granted Sept. 13, 2021. Admissibility of Expert Testimony regarding Memory and Perception
The Supreme Court will consider whether expert testimony regarding blood alcohol content and its effect upon memory and perception is inadmissible as an impermissible assessment of witness credibility.
August 2021
Allocatur granted Aug. 26, 2021. Application for Certification pursuant to 42 Pa.C.S. § 702(b); Timeliness
The Supreme Court will consider Superior Court’s denial, based on Mente Chevrolet, Oldsmobile, Inc. v. Swoyer, 710 A.2d 632, 633 (Pa. Super. 1998) (An application for certification pursuant to 42 Pa.C.S. § 702(b) must be filed within 30 days after the entry of an interlocutory order, not from the denial of reconsideration), of Wilson’s Petition for Interlocutory Appeal By Permission of an interlocutory order entered by the trial court
Commonwealth v. Lopez, 248 A.3d 589 (Pa. Super. 2021) (en banc), appeal docket 27 EAP 2021
Allocatur granted Aug. 24, 2021. Pa.R.Crim.P. 706(C); Consideration of a Defendant’s Ability to Pay prior to Imposing Mandatory Court Costs
The Pennsylvania Supreme Court will consider whether Pennsylvania Rule of Criminal Procedure 706(C) requires a trial court to consider a defendant’s ability to pay prior to imposing mandatory court costs at sentencing.
Commonwealth v. Gamby, 2021 WL 99749 (Pa. Super. 2021) (unreported), appeal docket 62 MAP 2021
Allocatur granted Aug. 17, 2021. Is a Person’s Neck an “Intimate” Body Part Under PA’s Indecent Assault Criminal Statute?
The Supreme Court will consider whether the kissing and touching of the victim’s neck, without the victim’s consent, constituted indecent contact with an “intimate” part of the victim’s body sufficient to sustain a conviction for indecent assault under 18 Pa.C.S. § 3126.
A.L. v. Pennsylvania State Police, 247 A.3d 120 (Pa. Cmwlth. 2021), appeal docket 57 MAP 2021
Allocatur granted Aug. 10, 2021. SORNA Classification based on Court-Martial Conviction
The Pennsylvania Supreme Court will consider if, when comparing a military criminal offense to a Crimes Code offense for purposes of Pennsylvania’s sex offender registration statute, the Pennsylvania State Police is required to ensure that all of the elements of the crimes, including the mens rea, are equivalent.
Khalil v. Williams, 244 A.3d 830 (Pa. Super. 2021), appeal docket 24 EAP 2021
Allocatur granted Aug. 3, 2021. Legal Malpractice; Muhammad Rule
The Pennsylvania Supreme Court granted allocatur in this legal malpractice action to consider the rule established in Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnik, 587 A.2d 1346 (Pa. 1991) under which a dissatisfied client is generally barred from bringing non-fraud claims against her attorney following a settlement to which the client agreed.
July 2021
In Re: Private Comp. Filed by L. Ajaj, 253 A.3d 722 (Pa. Super. 2020), appeal docket 55 MAP 2021
Allocatur granted July 26, 2021. Disapproval of Private Criminal Complaint
The Pennsylvania Supreme Court granted allocatur in this case involving the disapproval of a private criminal complaint.
June 2021
In Re: Estate of Jabbour, 244 A.3d 1254 (Pa. Super. 2020), appeal docket 13 WAP 2021
Allocatur granted June 25, 2021. Revocation of Spousal Election; Timeliness
The Supreme Court granted allocatur in this case to consider whether the statutory deadline for revocation of a spousal election tolls until the petitioning spouse knows all the essential facts as to decedent’s non-probate financial assets.
Allocatur granted June 14, 2021. Dimensional variance; Standard of appellate review
The Pennsylvania Supreme Court will consider the standard of appellate review of a grant of a dimensional variance.
Allocatur granted June 11, 2021. Delay in imposing driver’s license suspension as basis for nullifying suspension
The Pennsylvania Supreme Court granted allocatur to consider whether a delay in imposing a driver’s license suspension is a valid basis for nullifying the suspension.
May 2021
Allocatur granted May 12, 2021. Public Utility Smart Meters; Statutory Construction; Alleged Safety Concerns; Burden of Proof
The Pennsylvania Supreme Court granted allocatur in this case to consider the use of public utility smart meters in Pennsylvania.
April 2021
Com. v. Pownall, 240 A. 3d 905 (Pa. Super. 2020) (unreported), appeal docket 17 EAP 2021
Allocatur granted Apr. 20, 2021. Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute
The Pennsylvania Supreme Court granted allocatur to consider the Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute.
Allocatur granted Apr. 7, 2021. Charter School Law; Timeliness of Decision Not to Renew Charter
The Pennsylvania Supreme Court will hear argument on whether a school district’s decision to nonrenew a school’s charter agreement was untimely where the decision had been rendered after the expiration of the charter term for which renewal was sought.
March 2021
February 2021
Allocatur granted Feb. 16, 2021. Termination of Parental Rights pursuant to 23 Pa.C.S. § 2511(b)(8)
The Pennsylvania Supreme Court will consider whether Superior Court improperly substituted its discretion for that of the trial court in this case involving the termination of parental rights.
January 2021
Com. v. Edwards, 239 A.3d 112 (Pa. Super. 2020) (unreported), appeal docket 6 EAP 2021
Allocatur granted Jan. 26, 2021. Double Jeopardy; Baston violation
The Supreme Court granted allocatur to consider whether a prosecutor’s Batson violation precludes retrial on double jeopardy grounds.
Albert v. Sheeley’s Drug Store, Inc., 234 A.3d 820 (Pa. Super. 2020), appeal docket 5 MAP 2021
Allocatur granted Jan. 25, 2021. Application of the Doctrine of In Pari Delicto
The Supreme Court will consider whether the doctrine of in pari delicto precludes a plaintiff’s recovery where the plaintiff was in possession of a controlled substance that was not theirs.
Allocatur granted Jan. 20, 2021. Steel Products Procurement Act; Cost of Steel
The Pennsylvania Supreme Court granted allocatur in this case to consider application of § 1886 of the Steel Products Procurement Act,
J.S. v. Manheim Township School District, 231 A.3d 1044 (Pa. Cmwlth. 2020), appeal docket 2 MAP 2021
Allocatur granted Jan. 20, 2021. First Amendment: Threatening Speech; Due Process in Public School Student Disciplinary Proceeding
In this case, the Pennsylvania Supreme Court will consider a student’s due process right to cross examine witnesses at a public school student disciplinary hearing and the standard applicable to determining whether speech constitutes a “true threat.”
Brooks v. Cole, 238 A.3d 535 (Pa. Cmwlth. 2020) (unreported), appeal docket 4 EAP 2021
Allocatur granted Jan. 11, 2021. Sovereign Immunity; Collateral Order Doctrine
The Pennsylvania Supreme Court granted allocatur to consider whether an order denying a summary judgment motion based on sovereign immunity does not satisfy the collateral order doctrine of Pennsylvania Rules of Appellate Procedure 313.
In re: Adoption of C.M., 2020 WL 5269235 (Pa. Super.) (unreported), appeal docket 1 MAP 2021
Allocatur granted Jan. 7, 2021. Termination of Parental Rights; Adoption Act; “Good Cause” pursuant to 23 Pa.C.S. § 2901
The Pennsylvania Supreme Court will hear argument on whether Maternal Grandparents were required to demonstrate “good cause” pursuant to 23 Pa.C.S. § 2901 in order to complete the adoption of their granddaughter where the proposed adoption would not promote a new parent-child relationship or create a new family unit.
Interest of Y.W.-B., 241 A.3d 375 (Pa. Super. 2020), appeal dockets 1 & 2 EAP 2021
Allocatur granted Jan. 5, 2021. Fourth Amendment; Probable Cause for Child Protective Services Home Inspection
The Pennsylvania Supreme Court will consider the scope of Child Protective Services’ authority to conduct a home inspection.
Allocatur granted Jan. 5, 2021. Unconventional Natural Gas Wells; Evaluation of Cumulative Impacts
The Pennsylvania Supreme Court granted allocatur in these consolidated cases to determine the court’s role in evaluating zoning approval for unconventional well projects.
Archives
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.