Audio of arguments will be live-streamed on Tuesday and Wednesday.

May 23, 2023
Harrisburg

Com. v. Torsilieri, Opinion and order (Chester Cty. C.C.P.  Aug. 22, 2022) on remand from 232 A.3d 567 (Pa. 2020), appeal docket 97 MAP 2022

Direct Appeal. SORNA Registration and Notification: Right to Reputation; Punishment vs. Civil Regulatory Scheme

In this direct appeal following the Supreme Court’s remand, the court will consider the constitutionality of SORNA registration and notification requirements.

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Dep’t of Corrections v. Lynn, 2022 WL 433098 (Pa. Cmwlth.) (unreported), appeal dockets 95 and 96 MAP 2022

Allocatur granted Sept. 13, 2022. Employment; Constitutionality of Application of Veterans’ Preference to Promotions

The Supreme Court granted allocatur to consider the constitutionality of the application of veterans’ preference to promotions.

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A.M.D v. A.L.R, Order quashing appeal, No. 1449 MDA 2022 (Pa. Super. Nov. 14, 2022) (unreported), appeal docket 13 MAP 2023

Allocatur granted Feb. 13, 2023. Is an order finding standing in a custody action appealable as a collateral order?

The Pennsylvania Supreme Court will consider the appealability of an order finding standing in a custody action.

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Rush v. Erie Ins. Exchange, 265 A.3d 794 (Pa. Super. 2021), appeal docket 77 MAP 2022

Allocatur granted June 27, 2022. Motor Vehicle Financial Responsibility Law; Regular Use Exclusion

The Supreme Court will consider whether a “regular use” exclusion clause in an insurance policy as it relates to uninsured and underinsured motorist coverage is unenforceable because it violates the Motor Vehicle Financial Responsibility Law.

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May 24, 2023
Harrisburg

Barris v. Stroud Twp., 2017 WL 5505510 (Pa. Cmwlth. 2017) (en banc), appeal docket 68 MAP 2022

Allocatur granted June 6, 2022. Firearms; Second Amendment; Facial Challenge; As-applied Challenge

The Pennsylvania Supreme Court granted allocatur to consider the constitutionality of a local ordinance, which limits target shooting to two non-residential zoning districts. 

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Dep’t of Envtl. Prot. v. Pa. Legislative Reference Bureau, Order granting Preliminary Injunction, No. 41 MD 2022 (Pa. Cmwlth. July 8, 2022), appeal dockets 79, 85, and 87 MAP 2022

Direct Appeal. Preliminary Injunction Standard; CO2 Emission Allowances Rulemaking; Legislative Standing

In these direct appeals, the Supreme Court will consider the Commonwealth Court’s grant of a preliminary injunction preventing promulgation and enforcement of regulations developed during Governor Wolf’s administration that would have provided for Pennsylvania’s participation in the Regional Greenhouse Gas Initiative.

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Vinculum, Inc. v. Goli Technologies, LLC, 2021 WL 5575829 (Pa. Super. 2021), appeal docket 74 MAP 2022

Allocatur granted June 22, 2022. Breach of Contract; Attorney’s Fees; Damages; Limitation on Damages

The Pennsylvania Supreme Court granted allocatur to consider a contractual attorney’s fees provision and the limitation of damages to profits beyond one-year post-breach. 

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Washington v. Pa. Dep’t of Corrections, 2021 WL 6139806 (Pa. Cmwlth. 2021) (unreported), appeal docket 13 MAP 2022

Direct Appeal. Preliminary Objections; Demurrer; Inmate Account Deductions; Due Process; Ability to Pay Hearing

The Supreme Court will hear argument regarding the constitutionality of mandatory inmate account deductions under Act 84. 

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Pa. Dep’t of Comm. & Econ. Dev. v. City of Chester, Opinion and Order, No. 336 MD 2020 (Pa. Cmwlth. Jan. 31, 2023), appeal dockets 12 and 15 MAP 2022

King’s Bench Jurisdiction. Amendment to Home Rule Charter absent Voter Referendum; Act 47 Recovery Plan Modification

The Supreme Court has exercised King’s Bench jurisdiction to consider issues arising from the Commonwealth Court’s approval, in part, of a modified Act 47 Recovery Plan proposed by the Receiver for the City of Chester.

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PIAA v. Campbell, 268 A.3d 502 (Pa. Cmwlth. 2021), appeal dockets 71 and 72 MAP 2022

Allocatur granted June 22, 2022. Applicability of RTKL to “State-affiliated” Entities; Nonprofit Corporation Law

The Supreme Court will consider whether the Pennsylvania Interscholastic Athletic Association (PIAA) is subject to the RTKL. 

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For more information, contact Kevin McKeon or Dennis Whitaker.