Tuesday, April 9, 2019

Pittsburgh, Pa.

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 will hear argument in this case arising a pedestrian crosswalk accident in Pittsburgh.

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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.

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Com. v. Redman, 2018 WL 821878 (Pa. Super. 2018) (unreported), appeal docket 44 MAP 2018, following remand in Commonwealth v. Redman, 153 A.3d 1106 (Pa. Super. 2016), vacated 170 A.3d 1024 (Pa. 2017)

Allocatur granted Aug. 20, 2018. DUI Warrantless Blood Draw; Unconscious Driver; Exigent Circumstances

The Pennsylvania Supreme Court will hear argument on issues arising from the warrantless blood draw of an unconscious driver.

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Shiflett v. Lehigh Valley Health Network, Inc., 174 A.3d 1066 (Pa. Super. 2017), appeal docket 43 MAP 2018

Allocatur granted Aug. 15, 2018. Waiver of Challenge to Verdict for Failure to Seek Apportionment Between Challenged Claims

In this case, the Pennsylvania Supreme Court will consider the issue of waiver of a challenge to a verdict for failure to seek apportionment between challenged claims.

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Deforte v. Borough of Worthington, 2017 WL 11026532017 (W.D. Pa. 2017) (unreported), Third Circuit Nos. 17-1923 and 17-1924, appeal docket 24 WAP 2018

Certification of Question of State Law granted Aug. 15, 2018. Whether Every Legally Authorized Pennsylvania Police Force Falls Under the Governance of Either the Pennsylvania Borough Code or the Police Tenure Act?

In this case, the Pennsylvania Supreme Court will respond to the Third Circuit’s question of state law regarding the state police force. 

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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).

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Wednesday, April 10, 2019

Pittsburgh, Pa.

Chevalier v.  General Nutrition Centers, Inc., 177 A.3d 280 (Pa. Super. 2017), appeal dockets 22 and 23 WAP 2018

Allocatur granted July 16, 2018. Pennsylvania Minimum Wage Act: How to Calculate “One and One Half” of Salaried Employees’ “Regular Rate” for Overtime

In this case, the Pennsylvania Supreme Court will consider the proper calculation of salaried employees’ “Regular Rate” for overtime pursuant to the Commonwealth Minimum Wage Act.

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Com. v. Maguire, 175 A.3d 288 (Pa. Super. 2017), appeal docket 41 MAP 2018

Allocatur granted Aug. 7, 2018. Regulatory Commercial Vehicle Checkpoints: Do Tarbert/Blouse Guidelines Apply?

The Pennsylvania Supreme Court will consider the applicability of Tarbert/Blouse guidelines to regulatory commercial vehicle checkpoints.

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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.

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Estate of L. Wilson v. State Emps. Ret. Bd., 177 A.3d 1020 (Pa. Cmwlth. 2017), appeal docket 21 WAP 2018

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.

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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.

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Millcreek Twp. Sch. Dist. v. Millcreek Twp. Educational Support Personnel Assoc., 179 A.3d 1167 (Pa. Cmwlth. 2018), appeal docket 37 WAP 2018

Allocatur granted Oct. 11, 2018. School District Collective Bargaining; Deferential Essence Test and Public Policy Exception

The Supreme Court will consider the applicability of the deferential essence test in this case involving a labor arbitration award.

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Thursday, April 11, 2019

Pittsburgh, Pa.

Erie Ins. v. Moore, 175 A.3d 999 (Pa. Super. 2017),  appeal docket 20 WAP 2018

Allocatur granted July 10, 2018. Insurance Coverage; Gunshot Injuries During Scuffle – Accidental and Covered or Intentional and Excluded?

The Pennsylvania Supreme Court will consider liability insurance coverage issues in this case arising from gunshot injuries during a scuffle. 

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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.

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In re: 2014 Allegheny Cty. Investigating Grand Jury, 181 A.3d 349 (Pa. Super. 2018), appeal docket 30 WAP 2018

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.

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Bank of New York Mellon v. Pogonovich, 2017 WL 6728544 (Pa. Super. 2017), appeal docket 29 WAP 2018

Allocatur granted Aug. 28, 2018. Mortgage Foreclosure, Service of Complaint on Alleged Equitable Owner in Possession

The Pennsylvania Supreme Court will consider issues in this case from the Superior Court involving service of a complaint in a mortgage foreclosure action.

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For more information, contact Kevin McKeon or Dennis Whitaker.