April 2025: Pa. Supreme Court Argument List

Apr. 8, 2025
Pittsburgh

Brown v. Gaydos, 306 A.3d 883 (Pa. Super. 2023) (en banc), appeal docket 16 WAP 2024

Allocatur granted July 23, 2024. Workers’ Compensation Act; Co-employee Immunity

The Pennsylvania Supreme Court will consider if a plaintiff and defendant were employed by the same company and the plaintiff’s injury is compensable under the Worker’s Compensation Act, whether the court must consider whether the defendant was working in the course of his performance of duties for the employer to determine if the defendant is entitled to immunity as a co-employee?

llocatur granted June 17, 2024. Eviction of Tenant from Public Housing for an Invitee’s Behavior

The Pennsylvania Supreme Court will consider when a public housing tenant can be evicted for an invitee’s behavior.

Allocatur granted Mar. 5, 2024. Public Utility Code; Anti-Discrimination in the Provision of Billing

In this case, the Pennsylvania Supreme Court will consider whether an electric distribution company’s use of on-bill billing services for their own non-commodity products and services while denying the same service to electric generation suppliers violates Section 1502 of the Public Utility Code and/or Section 2804(6) of the Electricity Generation Customer Choice and Competition Act.

Allocatur granted May 21, 2023. Termination of ARD Program based on Subsequent Charges

The Pennsylvania Supreme Court will consider whether a defendant’s participation in ARD can be revoked based on failure to disclose prior arrests that were not formally charged until after defendant was accepted into the ARD program.

Allocatur granted May 22, 2024. Does the construction of a facility that is subject to a predevelopment lease with a state entity constitute a “public work” under Pennsylvania’s Prevailing Wage Act?

The Pennsylvania Supreme Court will consider whether the construction of a facility by a developer to be leased to the Pennsylvania State Police constitutes a “public work” subject to the Pennsylvania Prevailing Wage Act.

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Apr. 9, 2025
Pittsburgh

Grant v. Grant, 2023 WL 8618896 (Pa. Super.) (unreported), appeal docket 18 WAP 2024

Allocatur granted July 9, 2024. Is a joint tenancy with the right of survivorship severed when one joint tenant executes a quitclaim deed transferring her interest to herself?

The Pennsylvania Supreme Court will consider whether a joint tenancy with the right of survivorship is severed when one joint tenant executes a quitclaim deed transferring her interest to herself.

Direct Appeal. Constitutionality of warrantless searches conducted by game wardens on private hunting club properties

The Pennsylvania Supreme Court will consider the constitutionality of Sections 303(c) and 901(a)(2) and (8) of the Game and Wildlife Code, 34 Pa. C.S. §§ 303(c) and 901(a)(2) and (8), which authorize wildlife enforcement officers to enter and inspect property for violations.

Allocatur granted Mac. 12, 2024. “Possession” of Woodland Property to Maintain Adverse Possession Action

The Pennsylvania Supreme Court will consider what constitutes “possession” of woodland property to maintain an adverse possession action.

Allocatur granted Apr. 8, 2024. Reasonable Suspicion to Support a Terry Stop based on Temporal and Spatial Proximity to ShotSpotter Alert

The Pennsylvania Supreme Court will consider whether an individual’s temporal and spatial proximity to a ShotSpotter alert – an alert sent by a sensory system that uses multiple sensors to pick up a suspected gunshot to triangulate the gunshot location – is reasonable suspicion to support a Terry stop.

Allocatur granted July 15, 2024. Negligent Spoilation of Evidence; Promissory Estoppel

The Supreme Court will consider whether a “promissory estoppel” claim was a masked cause of action for negligent spoliation of evidence not recognized in Pennsylvania.

Allocatur granted June 5, 2024. Is the unit of prosecution for the offense of arson endangering persons, 18 Pa. C.S. § 3301(a)(1)(i), each arson or each endangered person?

The Pennsylvania Supreme Court will consider an issue of first impression: whether the unit of prosecution for the offense of arson endangering persons under subsection 3301(a)(1)(i) of the Crimes Code provides for a single sentence regardless of the number of victims.

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Apr. 10, 2025
Pittsburgh

National Hockey League Players Ass’n v. City of Pittsburgh, 308 A.3d 318 (Pa. Cmwlth. 2024), appeal docket 20 WAP 2024

Allocatur granted July 22, 2024. Constitutionality of facility tax imposed on nonresidents under the Uniformity Clause of the Pennsylvania Constitution

The Pennsylvania Supreme Court will address the constitutionality of the City of Pittsburgh’s Facility Usage Fee, a tax imposed by the City exclusively on nonresident athletes and entertainers.

Allocatur granted Feb. 21, 2024. Is an attorney affidavit sufficient competent evidence to meet the threshold showing of potential prejudice needed to warrant an evidentiary hearing regarding potential juror influence?

The Pennsylvania Supreme Court will consider whether an attorney affidavit is sufficient competent evidence to meet the threshold showing of potential prejudice needed to warrant an evidentiary hearing regarding potential juror influence.

Allocatur granted July 23, 2024. Is Section 7512 of the Home Inspection Law a statute of repose?

The Pennsylvania Supreme Court will consider whether Section 7512 of the Home Inspection Law, 68 Pa.C.S. § 7512, which provides that “[a]n action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered,” is a statute of repose.

Allocatur granted Oct. 9, 2024 sub. nom. T.M.H v. J&K.L. Maternal Grandparents Standing to Seeking Primary Custody

The Pennsylvania Supreme Court will consider grandparent standing to seek custody under Section 5324(3)(iii) of the Child Custody Act.

Allocatur granted Aug. 6, 2024. Can a non-union member could pursue a claim against a union for the union’s alleged breach of the duty of fair representation?

The Pennsylvania Supreme Court will consider whether a non-union member can pursue a claim against a union for breaching its duty of fair representation or if the non-member is constrained to seek arbitration pursuant to the Public Employe Relations Act.

Allocatur granted July 31, 2024. Does 24 P.S. § 17-1726-A apply equally to public school students regardless of whether the students are enrolled in a public charter school or in a traditional public school?

The Pennsylvania Supreme Court will consider, in a matter of first impression, whether 24 P.S. § 17-1726-A permits unequal treatment of school-aged students in the Commonwealth depending on whether the students are enrolled in a public charter school or in a traditional public school.

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For more information, contact Kevin McKeon or Dennis Whitaker.

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