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: http://www.pacourts.us/courts/supreme-court/march-2021-supreme-court-session .
March 9, 2021
Morning Session Livestream: https://www.youtube.com/watch?v=-zbwI3Up8rs
Quigley v. Unemployment Comp. Bd. of Review, 225 A.3d 914 (Pa. Cmwlth 2020), appeal docket 20 EAP 2020
Allocatur granted Aug. 3, 2020. Unemployment Compensation Board; Scope of Review; Board Consideration of Issue Raised Sua Sponte
The Pennsylvania Supreme Court granted allocatur in this matter to determine whether Commonwealth Court properly applied the holding in Lyness v. State Bd. of Med., 605 A.2d 1204 (Pa. 1992) regarding the improper commingling of prosecutorial and adjudicatory functions to limit the Unemployment Compensation Board’s review of an issue of eligibility for benefits that was not raised by either the employer or the Department on appeal.
Commonwealth v. Pacheco, 227 A.3d 358 (Pa. Super. 2020), appeal docket 42 MAP 2020
Allocatur granted July 28, 2020. Retrieval of Real-Time Cell-Site Location Information (CSLI); Pennsylvania Wiretap Act; Fourth Amendment
The Pennsylvania Supreme Court granted allocatur to determine whether a Court of Common Pleas Order issued under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act permitting the Commonwealth to search over 100 days of real-time CSLI was the equivalent of a search warrant in accordance with the warrant requirement for historical CSLI as recognized by the U.S. Supreme Court in Carpenter v. United States,138 S.Ct. 2206 (2018), and whether Carpenter extends to the collection of real-time CSLI.
Commonwealth v. Dunkins, 229 A.3d 622 (Pa. Super. 2020), appeal docket 45 MAP 2020
Allocatur granted Aug. 4, 2020. Fourth Amendment; Warrantless Search of College’s Wireless Internet Connection Records
The Pennsylvania Supreme Court will consider whether accessing a college’s wireless internet connection records without first obtaining a warrant violates the Fourth Amendment.
In Re: Petition for Formation of Independent School District Consisting of Borough of Highspire, 228 A.3d 584 (Pa. Cmwlth. 2020), appeal docket 59 MAP 2020
Allocatur granted Sept. 22, 2020. Formation of Independent School District; Consideration of Financial Concerns of Transferor School
The Pennsylvania Supreme Court granted allocatur in this case involving the consideration of financial concerns of a transferor school in the formation of an independent school district.
March 9, 2021
Afternoon Session Livestream: https://www.youtube.com/watch?v=b3Fed60hTmo
Babb v. Geisinger Clinic, 2019 WL 5265300 (Pa. Super. 2019) (unreported), appeal docket 48 MAP 2020
Allocatur granted Aug. 17, 2020. Standard of Proof for Rebuttal of Presumption of At-Will Employment
The Pennsylvania Supreme Court will consider whether the lower court correctly applied a preponderance of the evidence standard of proof, as opposed to the clear and direct evidence standard of proof, to the rebuttal of the presumption of at-will employment.
In the Interest of T.W., a minor, 2020 WL 551354 (Pa. Super. 2020) (unreported), appeal docket 22 EAP 2020
Allocatur granted Aug. 4, 2020. Standard for Police to Conduct More Intrusive Search Following Terry Frisk
The Supreme Court granted allocatur in this case involving the standard for police to conduct a more intrusive search based on an officer’s belief that what he felt in appellant’s pocket during a Terry frisk was a weapon.
Leadbitter v. Keystone Anesthesia Consultants, LTD., 229 A.3d 292 (Pa. Super. 2020), appeal docket 19 WAP 2020
Allocatur granted Sept. 15, 2020. Production of Peer Review Documents; Pennsylvania Peer Review Protection Act; Federal Healthcare Quality Improvement Act
The Supreme Court will consider whether the Peer Review Protection Act and/or federal Healthcare Quality Improvement Act protects disclosure of professional opinions and performance evaluations of a surgeon that a hospital credentialing committee obtained from other physicians and reviewed before granting hospital privileges to the surgeon.
For more information, contact Kevin McKeon or Dennis Whitaker.