As part of the courts’ ongoing Covid 19 response, arguments before the Supreme Court this month will be publicly accessible via video conference. For more information, visit:

Dec. 1, 2020
Video Conference 

Commonwealth v. Cosby, 224 A.3d 372 (Pa. Super. 2019), appeal docket 39 MAP 2020

Allocatur granted June 23, 2020. Past Bad Acts Evidence; Unwritten Non-Prosecution Agreement

The Pennsylvania Supreme Court granted allocatur to determine whether live testimony and deposition testimony in which Bill Cosby testified related to the drug-facilitated sexual assaults of five women, and his admissions about his knowledge and use of Quaaludes was relevant and admissible evidence and whether a non-prosecution agreement allegedly entered into by the District Attorney to secure Cosby’s deposition testimony barred Cosby’s prosecution.

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Philadelphia Gas Works v. Pennsylvania Public Utility Commission, 222 A.3d 1218 (Pa. Cmwlth. 2019), docket 14 EAP 2020

Allocatur granted June 23, 2020. Public Utilities; Late Payment Charges Following Docketing of Municipal Lien

The Pennsylvania Supreme Court granted allocatur to determine whether a public utility may incur further late payment charges on past due bills consistent with its Pennsylvania Public Utility Commission (PUC)-approved tariff after the city docketed a lien in the county court in relation to an unpaid balance.

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Commonwealth v. Harth, 2019 WL 5212395 (Pa. Super. 2019) (unreported), appeal docket 13 EAP 2020.

Allocatur granted June 2, 2020. Criminal Procedure Rule 600 Time Requirement; New Hearing on Commonwealth’s Due Diligence

The Pennsylvania Supreme Court granted allocatur in this case to determine whether the Superior Court erred in remanding for a new hearing on the Commonwealth’s due diligence under Pa. R. Crim. P. Rule 600.

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Firearm Owners Against Crime, et al. v. City of Harrisburg, 218 A.3d 497 (Pa. Cmwlth. 2019), appeal docket 29 MAP 2020

Allocatur granted Apr. 28, 2020. Individual Standing to Challenge Gun Ordinance Absent Violation/Prosecution

The Pennsylvania Supreme Court granted allocatur to address whether individuals have standing to challenge the legality of five local gun control ordinances of the City of Harrisburg through a declaratory judgment action.

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Donovan v. State Farm Automobile Insurance Company, 392 F.Supp.3d 545 (E.D.Pa. 2019), 42 EM 2020

Petition for Certification granted July 24, 2020. MVFRL Stacking of Underinsured (UIM) Benefits: Waiver, Interpolicy Stacking, Household Vehicle Exclusion

The Pennsylvania Supreme Court will consider certified questions of law from the Third Circuit involving the interpretation of Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL) concerning the stacking of underinsured (UIM) benefits between two separate policies of insurance.

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Dec. 2, 2020
Video Conference 

Mortimer v. McCool, 2019 WL 6769733 (Pa. Super. 2019) (unreported), appeal dockets 37 and 38 MAP 2020

Allocatur granted June 22, 2020. Piercing the Corporate Veil: “Enterprise ” vs. “Single Entity” Theory

In this matter of first impression, the Supreme Court will consider whether to adopt the “enterprise theory” or “single entity” theory of piercing the corporate veil

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Commonwealth v. Raboin, 2019 WL 4072306 (Pa. Super 2019)(unreported), appeal docket 9 WAP 2020

Allocatur granted May 11, 2020. Pa.R.E. 106; Rebuttal Testimony; Introduction of New Evidence

The Supreme Court will consider whether introducing a video of a child sexual assault victim’s forensic interview during rebuttal, when defense has made limited references, is appropriate under the Pennsylvania Rule of Evidence, Rule 106.

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Commonwealth v. Allen, 206 A.3d 1123 (Pa. Super. 2019), appeal docket 40 MAP 2020

Allocatur granted July 10, 2020. Constables’ Authority to Detain following a “Breach of the Peace” Offense

The Pennsylvania Supreme Court will examine whether constables possess the power at common law to make a warrantless arrest and detain an offender for a breach of the peace until the state police, at the instruction of the prosecutor, arrive to investigate the offender for a more serious offense.

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Kirksey v. Children’s Hospital of Pittsburgh of UPMC, 2019 WL 5063370 (Pa. Super. 2019) (unreported), appeal docket 18 WAP 2020

Allocatur granted June 23, 2020. Medical Negligence Trial; Evidence of General Risks and Complications; Limiting Instruction

In a case of first impression, the Pennsylvania Supreme Court will determine whether in a medical negligence claim, a limiting instruction is warranted when evidence of general risks and complications is admitted to establish the applicable standard of care.

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Commonwealth v. Howard, 2019 WL 6138949 (Pa. Super. 2019)(unreported), appeal docket 8 WAP 2020

Allocatur granted May 11, 2020. Endangering the welfare of a child under 18 Pa.C.S.A. § 4304(a)(1); Failure to  Use Appropriate Restraint System in Car for Hire

The Pennsylvania Supreme Court granted allocatur in this case to determine whether there was sufficient evidence to convict a mother for knowingly endangering the welfare of her daughter (endangering the welfare of children or EWOC) under the Crimes Code, 18 Pa.C.S.A. § 4304(a)(1), which provides that “[a] parent, guardian, or other person supervising the welfare of a child under 18 years of age … commits [the offense of EWOC] if [s]he knowingly endangers the welfare of the child by violating a duty of care, protection, or support.”

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Commonwealth v. Johnson, 221 A.3d 217 (Pa. Super. 2019), appeal docket 23 EAP 2020

Allocatur granted August 5, 2020. Double Jeopardy; Municipal Court Jurisdiction

The Pennsylvania Supreme Court will consider whether the Commonwealth was required to try drug offenses and suspended license offenses simultaneously because the Philadelphia Municipal Court and the Court of Common Pleas of Philadelphia are both in the First Judicial District of Pennsylvania.

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For more information, contact Kevin McKeon or Dennis Whitaker.