March 10, 2020
Commonwealth v. Montgomery, 192 A.3d 1198 (Pa. Super 2018), appeal docket 4 EAP 2019
Allocatur granted March 12, 2019. Sufficiency of evidence; Concealed firearm
The Pennsylvania Supreme Court granted allocatur to consider the meaning of “concealed” for purposes of a Section 6106 unlicensed carry charge.
Hammons v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. 2018); In re Pelvic Mesh Litigation, 2019 WL 1486697 (Pa. Super. Apr. 3, 2019) (unreported); Carlino v. Ethicon, — A.3d — (Pa. Super. Apr. 11, 2019), appeal docket 7 EAP 2019
Allocatur granted April 10, 2019. Personal Jurisdiction in Product Liability Actions brought by Out of State Plaintiffs; Application of Bristol-Myers Squibb
The Supreme Court granted allocatur to determine whether Pennsylvania may assert personal jurisdiction over two New Jersey companies in pelvic mesh product liability cases involving Indiana resident asserting claims under the Indiana Product Liability Act
Kurach v. Truck Insurance Exchange; Wintersteen v. Truck Insurance Exchange, 2018 WL 4041707 (Pa. Super. 2018) (unreported), allocatur granted May 29, 2019, appeal dockets 12 and 13 EAP 2019
Allocatur granted May 14, 2019. Use of General Contractor Overhead and Profit (GCOP) in determining Actual Cash Value benefits under insurance policy affording replacement coverage
The Pennsylvania Supreme Court granted allocatur in this case to consider whether GCOP should be excluded when determining the actual cash value benefits under property insurance policies affording replacement coverage.
Nicole B. v. Sch. Dist. of Phila., 2018 WL 6596377 (Pa. Cmwlth. 2018) (unreported), appeal docket 16 EAP 2019
Allocatur granted June 25, 2019. Application of equitable and minority tolling to administrative complaints before the PHRC
The Pennsylvania Supreme Court granted allocatur to consider the application of equitable and minority tolling to administrative complaints before the PHRC.
In Re: J.W.B. and R.D.B., 215 A.3d 602(Pa. Super. 2019), appeal docket 93 MAP 2019
Allocatur granted Nov. 26, 2019. Adoption/parental rights termination; law applicable to parental consent where parent resides in another state
The Pennsylvania Supreme Court granted allocatur to consider what law applies where a parent whose rights are being terminated resides out of state.
Middaugh v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, 196 A.3d 1073 (Pa. Cmwlth. 2018), appeal docket 45 MAP 2019
Allocatur granted May 14, 2019. Civil license suspension appeal based on delay; Gingrich factors
The Supreme Court granted allocatur in this case involving Commonwealth Court’s application of the factors set forth in Gingrich v. Department of Transportation, Bureau of Driver Licensing, 134 A.3d 528 (Pa. Cmwlth. 2016) (en banc) to a license suspension challenge based on a 2-year, 4-month delay in the Delaware County Office of Judicial Support’s (OJS) reporting of a DUI conviction to the Department of Transportation.
Bourgeois v. Snow Time, Inc et al., 2018 WL 3868670 (Pa. Super. 2018) (unreported), appeal docket 50 MAP 2019
Allocatur granted June 25, 2019. Summary Judgment; Standard of care; Recklessness and/or Gross Negligence
The Supreme Court granted review of Superior Court’s affirmance of a York County Court of Common Pleas order finding that Bourgeois signed a valid waiver relieving Defendants from claims of negligence.
March 11, 2020
Seda-Cog Joint Rail Authority v. Carload Express, Inc., 185 A.3d 1232 (Pa. Cmwlth. 2018), appeal docket 12 MAP 2019
Allocatur granted Jan. 23, 2019. Municipalities Authorities Act: “Majority” Needed to Take Action
The Supreme Court granted allocatur in this case involving application of the majority voting requirement pursuant to the MAA.
In the Interest of D.R. et al., 216 A.3d 286 (Pa. Super. 2019), appeal dockets 45-49 WAP 2019
Allocatur granted Oct. 18, 2019. Authority to Compel Drug Testing in CYS Investigations; Constitutional Protection from Unreasonable Search and Seizure
The Supreme Court granted allocatur to determine, as a matter of first impression, whether a court can compel a parent to submit to a drug analysis in a children and youth services investigation involving allegations of drug use by the parent.
Rullex Co., LLC v. Tel-Stream, Inc., 2019 WL 168285 (Pa. Super. 2019) (unreported), appeal docket 27 EAP 2019
Allocatur granted Sept. 10, 2019. Restrictive covenants: can a restrictive covenant be enforceable if it is signed after employment begins?
The Pennsylvania Supreme Court granted allocatur to consider issues related to Superior Court’s affirmance of the trial court’s order denying a preliminary injunction to enforce a non-compete agreement.
Woodford v. Pennsylvania Ins. Dep’t, 201 A.3d 899 (Pa. Cmwlth. 2019), appeal docket 65 MAP 2019
Allocatur granted Aug. 13, 2019. Summary Judgment based on Moving Party’s Testimonial Evidence; Prohibition of Fees in Addition to Commissions in Insurance Transactions
The Supreme Court of Pennsylvania granted allocatur to consider (1) whether genuine issues of material fact concerning the credibility of statements made in a moving party’s affidavit precludes summary judgment and (2) an issue of first impression, whether the Insurance Commissioner’s directive that a producer stop imposing fees in addition to commissions in consumer transactions was reasonable.
In re: Estate of Small, 2019 WL 336185 (Pa. Super. 2019)(unreported), allocatur granted Sept. 4, 2019, appeal docket 26 EAP 2019
Allocatur granted Sept. 4, 2019. Forfeiture of Estate of Adult Decedent Dependent on Parental Support
The Pennsylvania Supreme Court granted allocatur to consider whether, pursuant to 20 Pa.C.S.A. § 2106(b)(1), an adult decedent is a “dependent child” where the decedent depended on the support of a parent in order to care for himself.
For more information, contact Kevin McKeon or Dennis Whitaker.