March 7, 2023
Dinardo v. Kohler, 270 A.3d 1201 (Pa. Super. 2022), appeal dockets 22 and 23 EAP 2022
Allocatur granted July 27, 2022. Pennsylvania’s “No felony conviction recovery rule”
The Supreme Court will consider whether Pennsylvania’s “no felony conviction recovery” rule precludes the award of any civil damages where the convicted would not benefit or profit from their own criminal acts, but rather would be compensated for alleged medical malpractice relating to the crimes for which they pleaded guilty.
Pennsylvania State Police v. ACLU, 2021 WL 5356532 (Pa. Cmwlth.) (unpublished), appeal docket 44 MAP 2022
Allocatur granted Mar. 30, 2022. Right to Know Law: Remand to OOR for Additional Fact-finding based on Public Safety Concerns
The Supreme Court granted allocatur to consider whether Commonwealth Court abused its discretion in ordering the Office of Open Records to conduct additional factfinding as to whether the records in question are exempt from disclosure under the threat to public safety exemption of the Right to Know Law.
Salsberg v. Mann, 262 A.3d 1267 (Pa. Super. 2021) (en banc), appeal docket 7 EAP 2022
Allocatur granted Mar. 31, 2022. Intentional interference with at-will employment contract by supervisor acting out of personal animus: Actionable?
The Pennsylvania Supreme Court will consider if Pennsylvania should apply the Restatement Second of Torts § 766 to an Intentional Interference claim by an at-will employee against a supervisor who acted against that employee, not as an agent on behalf of her employer, but ultra vires and pursuant to personal animus.
Zilka v. Tax Review Board City of Philadelphia, 2022 WL 67789 (Pa. Cmwlth.) (unpublished), appeal dockets 20 and 21 EAP 2022
Allocatur granted July 5, 2022. Double Taxation? Entitlement to use Unapplied Credit for Out of State Income Tax Paid to reduce Philadelphia City Wage Tax
The Supreme Court will consider whether a taxpayer is entitled to apply out of state credit earned in Delaware towards Philadelphia’s wage tax.
March 8, 2023
Sullivan v. Werner Company, 253 A.3d 730 (Pa. Super. 2021), appeal docket 18 EAP 2022
Allocatur granted June 8, 2022. Products Liability; Manufacturer’s Defect; Evidence; Industry and Government Standards
The Pennsylvania Supreme Court will consider whether it was an error of law, under the product liability principles the court established in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) to prevent the jury from considering the product’s compliance with pertinent industry and governmental safety standards.
In Re: Adoption of: M.E.L., 2022 WL 4113115 (Pa. Super.) (unpublished), appeal docket 109 MAP 2022
Allocatur granted Nov. 21, 2022. Adoption: “cause shown” exception where non-spouse seeks to adopt and parent, girlfriend of non-spouse, seeks to retain parental rights
The Supreme Court will consider whether a trial court should consider the “cause shown” exception under 23 Pa.C.S. § 2901 where the child is proposed to be adopted by a non-spouse
Hangey v. Husqvarna Professional Products, Inc., 247 A.3d 1136 (Pa. Super. 2021) (en banc), appeal docket 14 EAP 2022
Allocatur granted May 10, 2022. Quality-Quantity Analysis for Venue; Abuse of Discretion
The Pennsylvania Supreme Court granted allocatur to consider whether Superior Court erred in finding venue proper based on 0.005% of a defendant’s total sales occurring in the forum county.
Commonwealth v. Jackson, 271 A.3d 461 (Pa. Super. 2021), appeal docket 24 EAP 2022
Allocatur granted Aug. 2, 2022. Criminal law; Suppression; Terry Stop; Reasonable Suspicion
The Supreme Court will hear argument involving the suppression of evidence recovered after a person is seized by police even where the officer did not suspect the individual stopped of criminal activity.
Mimi Investors, LLC v. Tufano, 2021 WL 5150053 (Pa. Super.) (unpublished), appeal docket 57 MAP 2022
Allocatur granted Apr. 26, 2022. Pennsylvania Securities Act: must a plaintiff plead and prove scienter to recover for misrepresentations?
The Supreme Court granted allocatur to consider whether plaintiffs must plead that defendants intended to deceive investors to recover in a lawsuit brought under Pennsylvania Securities Act.
For more information, contact Kevin McKeon or Dennis Whitaker.