Tuesday, May 14, 2019
Harrisburg, Pa.
Barnard v. The Travelers Home and Marine Ins. Co., 2018 WL 6807257, docket 42 EAP 2018
Petition of the United States Court of Appeals for the Third Circuit granted Dec. 27, 2018. Stacking UIM Benefits; Need for New Waiver Where Policy Limits Increased
In this certification of a question from the Third Circuit, the Supreme Court will consider Pennsylvania law on insurance benefit stacking.
Commonwealth v. Davis, 176 A.3d 869 (Pa. Super. 2017), appeal docket 56 MAP 2018
Allocatur granted Oct. 3, 2018. Fifth Amendment; Forgone Conclusion Doctrine; Compelling Disclosure of Digital Password
The Supreme Court of Pennsylvania will hear argument on whether a individual can be compelled to disclose a memorized password over his assertion of Fifth Amendment privilege.
City of Harrisburg v. Prince, 186 A.3d 544 (Pa. Cmwlth. 2018), appeal docket 62 MAP 2018
Allocatur granted Nov. 20, 2018. RTKL; Disclosure of Financial Records
The Supreme Court granted allocatur in this case to determine whether the City of Harrisburg’s creation of a spreadsheet shows the receipt of funds from donors to the “Protect Harrisburg Legal Defense Fund” constitute a “financial record” as defined in 65 P.S. § 67.102?
Commonwealth v. Tighe, 184 A.3d 560 (Pa. Super. 2018), appeal docket 57 MAP 2018
Allocatur granted Oct. 15, 2018. Right to Self-Representation; Limitations Absent Waiver
The Supreme Court of Pennsylvania will consider arguments regarding limitations on the right to self-representation in a criminal trial.
US Airways, Inc. v. WCAB (Bockelman), 179 A.3d 1177 (Pa. Cmwlth. 2018), appeal docket 35 WAP 2018
Allocatur granted Oct. 3, 2018. Workers’ Compensation; Scope of Employment
The Supreme Court will hear argument on what constitutes the “premises” of an employer in this workman’s compensation case.
Commonwealth v. Mock, 186 A.3d 434 (Pa. Super. 2018), appeal docket 68 MAP 2018
Allocatur granted Dec. 5, 2018. DUI: Ten Year Rule Applies from Conviction or Commission of Prior Offense
The Supreme Court of Pennsylvania will hear argument on grading in consideration of a prior offense in this case involving DUI convictions.
Wednesday, May 15, 2019
Harrisburg, Pa.
City of Phila. v. Galdo, 181 A.3d 1289 (Pa. Cmwlth. 2018), appeal docket 36 EAP 2018
Allocatur granted Oct. 2, 2018. Public-purpose Condemnation; Adverse Possession
The Supreme Court of Pennsylvania will hear argument on the applicability of adverse possession to property acquired by the City through a public-purpose condemnation and then held for subsequent resale.
Com. v. Turpin, 2018 WL 831889 (Pa. Super. 2018) (unreported), appeal docket 45 MAP 2018
Allocatur granted Aug. 21, 2018. Scope of Search of Multi-Occupant Residence Where Warrant Based on Activity of Only One Occupant
The Pennsylvania Supreme Court will hear argument on whether a warrant based on the activity of one occupant of a multi-occupant residence permits the search of the entirety of a multi-occupant residence.
Petition of the United States Court of Appeals for the Third Circuit granted Oct. 15, 2018. Auto Insurance; Apparent Conflict Between Mandatory IME Requirement and Section 1796(a) of the MVFRL
In this certification of a question from the Third Circuit, the Supreme Court will consider whether an insurer’s medical examination provision is in direct conflict with Section 1796(a) of the MVFRL.
Com. v. Maguire, 175 A.3d 288 (Pa. Super. 2017), appeal docket 41 MAP 2018
Allocatur granted Aug. 7, 2018. Regulatory Commercial Vehicle Checkpoints: Do Tarbert/Blouse Guidelines Apply?
The Pennsylvania Supreme Court will hear argument on the applicability of Tarbert/Blouse guidelines to regulatory commercial vehicle checkpoints.
Thursday, May 16, 2019
Harrisburg, Pa.
Commonwealth v. Bishop, 2018 WL 3121801 (Pa. Super. 2018) (unpublished), appeal docket 37 EAP 2018
Allocatur granted Oct. 17, 2018. Right against Self-incrimination; Physical Evidence Recovered as a Result of an Unwarned Statement
The Pennsylvania Supreme Court will consider arguments on whether the Pennsylvania Constitution extends greater protection than its federal counterpart with respect to the Fifth Amendment right against self-incrimination in the context of physical evidence recovered as a result of or during the course of an unwarned statement.
Allocatur granted Oct. 17, 2018. Restitution Under the Crimes Code: Subject to Discharge in Bankruptcy?
The Pennsylvania Supreme Court will hear arguments regarding a court’s authority to direct payment of restitution which obligation has been previously discharged in bankruptcy.
Allocatur granted July 5, 2018. Statute of Limitations: When is the Discovery Rule a Question of Fact for the Jury Such that Summary Judgment is Improper?
The Pennsylvania Supreme Court granted allocatur to consider whether a jury should have been permitted to consider the applicability of the discovery rule to the statute of limitations in this mass tort litigation.
Commonwealth v. Smith, 2018 WL 2111007 (Pa. Super. 2018) (unreported), appeal docket 73 MAP 2018
Allocatur granted Dec. 18, 2018. Sufficiency of Evidence to Support Conviction for Possession of Firearm with Altered Manufacturer’s Number
The Supreme Court of Pennsylvania granted allocatur in this criminal case involving a conviction for possession of a firearm with an altered manufacturer’s number pursuant to 18 Pa.C.S. § 6110.2.
Commonwealth v. UPMC, 39 MAP 2019 (direct appeal)
Direct Appeal. UPMC v. Highmark and the Attorney General Redux: Consent Decree, Contract Interpretation
The Supreme Court will hear argument in this fast-track interlocutory appeal involving the Attorney General’s attempt to modify consent decrees in the long-running and contentious UPMC-Highmark struggle over access to and payment for care in the Western Pennsylvania health care market.
For more information, contact Kevin McKeon or Dennis Whitaker.