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/may-2021-supreme-court-session
May 18, 2021
Video Conference
Brooks v. Cole, 238 A.3d 535 (Pa. Cmwlth. 2020) (unreported), appeal docket 4 EAP 2021
Allocatur granted Jan. 11, 2021. Sovereign Immunity; Collateral Order Doctrine
The Pennsylvania Supreme Court will hear argument on whether an order denying a summary judgment motion based on sovereign immunity does not satisfy the collateral order doctrine of Pennsylvania Rules of Appellate Procedure 313.
Commonwealth v. Brozenick, 237 A.3d 1039 (Pa. Super. 2020) (unreported), appeal docket 1 WAP 2021
Allocatur granted Jan. 5, 2021. Trial Court Discretion to Reopen Record After Commonwealth Rests
The Supreme Court will consider whether a trial court erred in permitting the Commonwealth to reopen the record at a criminal trial after the conclusion of its case-in-chef.
J.S. v. Manheim Township School District, 231 A.3d 1044 (Pa. Cmwlth. 2020), appeal docket 2 MAP 2021
Allocatur granted Jan. 20, 2021. First Amendment: Threatening Speech; Due Process in Public School Student Disciplinary Proceeding
In this case, the Pennsylvania Supreme Court will consider a student’s due process right to cross examine witnesses at a public school student disciplinary hearing and the standard applicable to determining whether speech constitutes a “true threat.”
Allocatur granted Jan. 20, 2021. Steel Products Procurement Act; Cost of Steel
The Pennsylvania Supreme Court granted allocatur in this case to consider application of § 1886 of the Steel Products Procurement Act,
Allocatur granted Dec. 29, 2020. Election Code; Trial Court Jurisdiction Over Request for Declaration that County Republican Committee Improperly Ousted Elected Committeeman
The Pennsylvania Supreme Court will consider whether a trial court has jurisdiction over a request for declaratory judgment that declared an individual violated the Pennsylvania Election Code by disqualification for alleged misconduct that did not constitute a prima facie basis for disqualification under the local party rules.
Commonwealth v. Jordan, 2020 WL 4436287 (Pa. Super. 2020) (unreported), appeal docket 31 WAP 2020
Allocatur granted Dec. 20, 2020. Inconsistent Verdicts in Consolidated Jury/Bench Trials
The Supreme Court will hear argument regarding whether inconsistent verdicts are always permissible in consolidated jury/bench trials,
May 19, 2021
Video Conference
Albert v. Sheeley’s Drug Store, Inc., 234 A.3d 820 (Pa. Super. 2020), appeal docket 5 MAP 2021
Allocatur granted Jan. 25, 2021. Application of the Doctrine of In Pari Delicto
The Supreme Court will consider whether the doctrine of in pari delicto precludes a plaintiff’s recovery where the plaintiff was in possession of a controlled substance that was not theirs.
Interest of Y.W.-B., 241 A.3d 375 (Pa. Super. 2020), appeal dockets 1 & 2 EAP 2021
Allocatur granted Jan. 5, 2021. Fourth Amendment; Probable Cause for Child Protective Services Home Inspection
The Pennsylvania Supreme Court will consider the scope of Child Protective Services’ authority to conduct a home inspection.
Allocatur granted Jan. 5, 2021. Unconventional Natural Gas Wells; Evaluation of Cumulative Impacts
The Pennsylvania Supreme Court granted allocatur in these consolidated cases to determine the court’s role in evaluating zoning approval for unconventional well projects.
Allocatur granted Feb. 16, 2021. Termination of Parental Rights pursuant to 23 Pa.C.S. § 2511(b)(8)
The Pennsylvania Supreme Court will consider whether Superior Court improperly substituted its discretion for that of the trial court in this case involving the termination of parental rights.
For more information, contact Kevin McKeon or Dennis Whitaker.