Tuesday, December 4, 2018
Allocatur granted Oct. 2, 2017. Possession of a concealed firearm; reasonable suspicion for investigative detention
The Pennsylvania Supreme Court will hear argument on whether possession of a concealed firearm in public is sufficient to create reasonable suspicion.
Allocatur granted Dec. 26, 2017. Choice of Law; Quantum Meruit
The Supreme Court will consider arguments on issues stemming from a rare choice of law decision from the Pennsylvania Superior Court.
Allocatur granted Dec. 27, 2017. Statutory Construction; In Pari Materia; Expressio Unius Est Exclusio Alterius
The Supreme Court of Pennsylvania granted allocatur related to statutory interpretation of the Neighborhood Improvement District Act as decided by the Commonwealth Court.
Allocatur granted Jan. 29, 2018. Zoning; Special Exception; Applicable Law
This allocatur grant arises from a case of first impression in Bd. of Commissioners of Cheltenham Twp. v. Hansen-Lloyd, L.P., where the Commonwealth Court considered whether, under the Municipalities Planning Code (MPC), the zoning ordinance in effect when a mandatory sketch plan for development was filed applies to a subsequently filed application for special exception, or whether the application for special exception is governed by the zoning ordinance in effect at the time it is filed.
Allocatur granted Nov. 14, 2017. Three Strikes Law; Separate Sentencing for Related Conspiracy
Whether the Superior Court erred in affirming the imposition of separate consecutive “second strike” mandatory minimum sentence[s] for each conspiracy and crime which was the object of that conspiracy?
Allocatur granted Apr. 17, 2018. Death during Pendency of Divorce Proceedings where Post-nuptial Agreement Already Executed; Impact on Insurance Proceeds under 20 Pa.C.S. § 6111.2 & Pension Benefits under ERISA
The Supreme Court of Pennsylvania granted allocatur to determine the effect on the right to a decedent’s pension and insurance proceeds where the decedent dies intestate during the pendency of a divorce proceeding from his spouse after the execution of a post-nuptial agreement but before the entry of a final decree in divorce.
Allocatur granted Apr. 5, 2018. DUI; Refusal of Blood Test as Evidence of Guilt
The Supreme Court of Pennsylvania granted allocatur to determine whether §1547(e) of the Vehicle Code is violative of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution to the extent that it permits evidence of an arrestee’s refusal to submit a sample of blood for testing without a search warrant as proof of consciousness of guilt at the arrestee’s DUI trial.
Wednesday, December 5, 2018
Allocatur granted Apr. 30, 2018. Partial Rights Taxicabs; Assessments; Unconstitutional Delegation of Legislative Power; Substantive Due Process
The Supreme Court of Pennsylvania granted allocatur to determine issues related to the Pennsylvania Parking Authority’s annual assessments for fiscal year 2015 imposed upon partial rights taxicabs pursuant to Section 5707 of the Parking Authorities Law.
Allocatur granted Nov. 20, 2017. DUI; Enhanced Penalties for Blood Test Refusal
Whether the Superior Court, relying on Commonwealth v. Giron, 155 A.3d 635 (Pa. Super. 2017), improperly expanded the illegal sentencing doctrine when it vacated Braddock’s sentence on a non-preserved constitutional issue, holding that Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), rendered enhanced penalties under 75 Pa.C.S. §§ 3803-3804 illegal, even though Birchfield recognized exigent circumstances or a search warrant can still justify increased penalties for a blood test refusal?
Allocatur granted Nov. 29, 2017. College’s Duty of Care to Student-Athletes; Exculpatory Clause
The Supreme Court granted allocatur to determine issues involving a college’s duty of care to student athletes and whether the exculpatory clause shields the college from liability.
Allocatur granted Feb. 21, 2018. Zoning; Statutory Construction
The Pennsylvania Supreme Court to determine whether the Commonwealth Court disregarded Albert v. Zoning Hearing Board of North Abington Township by finding that the purely transient use of a property as part of a commercial short-term vacation rental business was a permitted use in a residential zoning district.
Allocatur granted March 21, 2018. Municipal Business-privilege Tax; Gross Receipts Exemption
The Supreme Court granted allocatur to determine whether a freight broker is permitted to exclude freight delivery charges from its taxable gross receipts under the City of York’s Business Privilege and Mercantile Tax Ordinance.
Allocatur granted March 27, 2018. Land Use; Private Road Act
The Supreme Court of Pennsylvania granted allocatur to determine land use issues related to the Private Road Act as decided by the Commonwealth Court.
Allocatur granted Apr. 25, 2018. Driver’s License: Suspension Appeal; Prejudice; “Extraordinarily extended period of time”
The Supreme Court of Pennsylvania granted allocatur to determine whether an operating privilege suspension was imposed in error when delayed due to the failure of the Delaware County Office of Judicial Support to timely notify the Department of Transportation of a conviction.
Thursday, December 6, 2018
Allocatur granted Jan. 22, 2018. Application of Fruit of the Poisonous Tree Doctrine to In-Court Identification Testimony
The Supreme Court granted allocatur to determine the applicability of the fruit of the poisonous tree doctrine to in-court identification testimony.
Allocatur granted June 4, 2018. PA Motor Vehicle Financial Responsibility Law (MVFRL); Auto Insurance Liability
The Supreme Court of Pennsylvania granted allocatur to determine issues related to auto insurance liability under PA Motor Vehicle Financial Responsibility Law (MVFRL) for unlisted resident drivers.
Allocatur granted Feb. 27, 2018. Compulsory Joinder Rule; Jurisdiction
The Supreme Court of Pennsylvania granted allocatur to determine whether the Superior Court erred in determining that the Philadelphia Traffic Court has sole jurisdiction over summary traffic offenses even when those charges are part of a single incident which also includes a misdemeanor and/or felony charges.
Allocatur granted June 5, 2018. Scope of Employment; Sovereign Immunity
The Supreme Court of Pennsylvania granted allocatur to determine whether Respondent was acting within the scope of his employment throughout his entire encounter with the motorist, and thus entitled to JNOV on the basis of sovereign immunity