Dec. 7, 2021
Philadelphia
Com. v. Pownall, 240 A. 3d 905 (Pa. Super. 2020) (unreported), appeal docket 17 EAP 2021
Allocatur granted Apr. 20, 2021. Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute
The Pennsylvania Supreme Court granted allocatur to consider the Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute.
Allocatur granted May 12, 2021. Public Utility Smart Meters; Statutory Construction; Alleged Safety Concerns; Burden of Proof
The Pennsylvania Supreme Court granted allocatur in this case to consider the use of public utility smart meters in Pennsylvania.
Allocatur granted June 14, 2021. Dimensional variance; Standard of appellate review
The Pennsylvania Supreme Court will consider the standard of appellate review of a grant of a dimensional variance.
Com. v. Edwards, 239 A.3d 112 (Pa. Super. 2020) (unreported), appeal docket 6 EAP 2021
Allocatur granted Jan. 26, 2021. Double Jeopardy; Baston violation
The Supreme Court granted allocatur to consider whether a prosecutor’s Batson violation precludes retrial on double jeopardy grounds.
Dec. 8, 2021
Philadelphia
Corman v. Beam, – A.3d –, 2021 WL 5227124 (Nov. 21, 2021), appeal docket 83 MAP 2021
Original Jurisdiction. School Mask Mandate
The Pennsylvania Supreme Court will consider whether an order requiring masking in schools regardless of vaccination status is void ab initio as a result of the Acting Secretary’s failure to comply with the requirements of Pennsylvania law in imposing the order.
Original Jurisdiction. Environmental Rights; Justiciability
The Supreme Court will consider whether PEDF’s amended petition for review in Commonwealth Court asking for the return of $1.3 billion in state forest drilling revenue to DCNR’s Oil and Gas Lease Fund in compliance with the Supreme Court’s decision was properly dismissed for failure to raise a controversy that is ripe for review and to state a cognizable claim for mandamus.
Commonwealth v. Jones-Williams, 237 A.3d 528 (Pa. Super. 2020), appeal docket 27 MAP 2021
Allocatur granted Apr. 28, 2021. DUI; Warrantless Blood Draw; Implied Consent
The Pennsylvania Supreme Court granted allocatur to consider whether a warrantless request to test a blood sample violates a defendant’s constitutional rights, and whether, given that the hospital obtained a blood sample prior to the police officer’s arrival at hospital, no exigency permitted officer to request a test of defendant’s blood without obtaining a warrant.
Khalil v. Williams, 244 A.3d 830 (Pa. Super. 2021), appeal docket 24 EAP 2021
Allocatur granted Aug. 3, 2021. Legal Malpractice; Muhammad Rule
The Pennsylvania Supreme Court granted allocatur in this legal malpractice action to consider the rule established in Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnik, 587 A.2d 1346 (Pa. 1991) under which a dissatisfied client is generally barred from bringing non-fraud claims against her attorney following a settlement to which the client agreed.
Allocatur granted June 11, 2021. Delay in imposing driver’s license suspension as basis for nullifying suspension
The Pennsylvania Supreme Court granted allocatur to consider whether a delay in imposing a driver’s license suspension is a valid basis for nullifying the suspension.
For more information, contact Kevin McKeon or Dennis Whitaker.