April 9, 2024
Pittsburgh
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.
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.
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.
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.
April 10, 2024
Pittsburgh
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.
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.
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.
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.
The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s recommendations in these attorney disciplinary proceedings.
For more information, contact Kevin McKeon or Dennis Whitaker.