Tuesday, March 5, 2019

Philadelphia, Pa.

Exeter Twp. v. PLRB, 177 A.3d 428 (Pa. Cmwlth. 2018), appeal dockets 49 and 50 MAP 2018

Allocatur granted Sept. 5, 2018. Public Employees: Are Township Zoning Officers Management by Statute?

The Supreme Court will hear argument in this case on whether Section 614 of the Municipalities Planning Code, 53 P.S. § 10614, provides sufficient basis to determine that a zoning officer is a management level employee absent evidence regarding actual job duties.

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Gamesa Energy USA v. Ten Penn Center Assocs. L.P., 181 A.3d 1188 (Pa. Super. 2018), appeal docket 28 EAP 2018

Allocatur granted Aug. 20, 2018. Leases; Election of Remedies

The Supreme Court of Pennsylvania granted allocatur in this case involving a commercial landlord/tenant dispute.

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Commonwealth v. Foster, 2018 WL 267757 (Pa. Super. 2018) (unreported),  appeal docket 21 EAP 2018

Allocatur granted June 25, 2018. Parole Revocation

The Supreme Court of Pennsylvania will hear argument in this case involving the revocation of parole based on an offensive social media post.

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Berner v. Montour Twp. Zoning Hearing Bd., 176 A.3d 1058 (Pa. Cmwlth. 2018), appeal docket 39 MAP 2018

Allocatur granted Aug. 1, 2018. Nutrient Management Act; Preemption of Local Zoning Ordinances

The Supreme Court of Pennsylvania will hear argument in this zoning case involving the Nutrient Management Act.

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PPL Elec. Utilities Corp. v. City of Lancaster125 A.3d 837 (Pa. Cmwlth. 2015) (direct appeals), appeal dockets 55 and 57 MAP 2017

Direct Appeal. Jurisdiction over Regulation of Public Utility Facilities in Municipal Rights of Way

The Supreme Court will hear argument in this direct appeal involving the City of Lancaster’s attempt via local ordinance to regulate public utilities’ use of Lancaster’s public rights of way and to levy an annual assessment for public utilities’ use of Lancaster’s public rights of way.

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Commonwealth v. Cousins, 2018 WL 327185 (Pa. Super. 2018) (unreported), appeal docket 38 MAP 2018

Allocatur granted July 31, 2018. Maximum Sentence for Prior Offenders under CSA

The Supreme Court will hear argument involving the appeal of a determination of the Superior Court in this criminal case involving prior offenders.

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Wednesday, March 6, 2019

Philadelphia, Pa.

Roverano v. John Crane, Inc.177 A3d 892 (Pa. Super. 2017), appeal docket 26 EAP 2018

Allocatur granted July 31, 2018. Fair Share Act Strict Liability Verdict Apportionment

The Supreme Court of Pennsylvania will hear argument to determine issues of first impression related to the apportionment of liability among joint tortfeasors pursuant to Pennsylvania’s Fair Share Act.

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Com. v. Williams, 2017 WL 6545977 (Pa. Super. 2017), appeal docket 20 EAP 2018

Allocatur granted July 25, 2018. Criminal Voir Dire; Questions Concerning Attitudes about Gun Violence

The Supreme Court of Pennsylvania will hear argument on whether the trial court abused its discretion in precluding the questioning of jurors about their views on guns and gun violence during voir dire.

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Elliott Menkowitz, M.D. v. Peerless Publications, Inc., 176 A.3d 968 (Pa. Super. 2017), appeal docket 40 MAP 2018

Allocatur granted Aug. 1, 2018. Private-Figure Defamation; The Joseph Standard

The Supreme Court of Pennsylvania granted allocatur to determine the appropriate standards of causation and deference involving defamation of private figures.

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Binswanger of Pennsylvania, Inc. v. TSG Real Estate LLC, 2017 WL 6568779 (Pa. Super. 2017), appeal docket 30 EAP 2018

Allocatur granted Aug. 30, 2018. Real Estate; Occurrence of Sale by Equitable conversion where Agreement of Sale Conditional

The Supreme Court will hear argument regarding the applicability of equitable conversion to an agreement of sale for Pennsylvania real estate.

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For more information, contact Kevin McKeon or Dennis Whitaker.