Audio of arguments before the Pennsylvania Supreme Court is live-streamed.
April 18, 2023
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.
HTR Restaurants, Inc. v. Erie Ins. Exchange, 260 A.3d 978 (Pa. Super. 2021), appeal dockets 21-24 WAP 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.
Klar v. Dairy Farmers of America, Inc., 268 A.3d 1115 (Pa. Super. 2021), allocatur granted June 27, 2022, appeal docket 29 WAP 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.
Glenn O. Hawbaker, Inc. v. PennDOT, No. 138 M.D. 2021, 2022 WL 1592589 (Pa. Cmwlth. Jan. 19, 2022) (McCullough, J., single-judge op.), appeal docket 20 MAP 2022
Direct Appeal. Preliminary injunction; Prior court order; PennDOT Debarment Proceedings
The Pennsylvania Supreme Court will consider this direct appeal of the Commonwealth Court’s grant of a preliminary injunction prohibiting PennDOT from proceeding with any debarment action arising out of the Office of Attorney General’s criminal charges against a construction company that entered a nolo contendre plea.
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.
April 19, 2023
Greenwood Gaming, et al. v. Dep’t of Rev., No. 571 M.D. 2018 (Pa. Cmwlth.) (unpublished original jurisdiction opinions entered May 25, 2021 and September 8, 2021), appeal docket 76 MAP 2021
Direct Appeal. Do the Pennsylvania Lottery’s “iLottery” games unlawfully simulate casino-style lottery games?
In this direct appeal, the Pennsylvania Supreme Court will consider whether Pennsylvania Lottery’s online games simulate casino-style slot machines in violation of Act 42 of 2017, and whether Commonwealth Court erred in admitting and considering certain expert testimony.
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.
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.
In re: Joseph L. Koepfinger, 2020 WL 6470840 (Pa. Super 2021) (unreported), appeal docket 20 WAP 2022
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. 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 testmony regarding false memories is admissible at trial for sex crimes.
For more information, contact Kevin McKeon or Dennis Whitaker.