May 14, 2024
Harrisburg
Direct Appeal. Applicability of Sovereign Immunity to Request for Injunctive Relief; Mandamus: Mandatory vs. Discretionary Acts; Amendment of Original Jurisdiction Petition for Review
The Pennsylvania Supreme Court granted allocatur to consider the applicability of sovereign immunity to a request for injunctive relief, among other issues, arising from allegations that the Pennsylvania State Police understaffed the Pennsylvania Instant Check System Operations Section, which performed background checks on proposed buyers, and as such failed to conduct “instantaneous” firearm background checks and to provide “immediate” responses to firearm sellers as required by the Pennsylvania Uniform Firearms Act, 18 Pa. C.S. §§ 6101-6128.
Commonwealth v. Kurtz, 294 A.3d 509 (Pa. Super. 2023), appeal dockets 98 – 101 MAP 2023
Allocatur granted Oct. 30, 2023. Right to Privacy in Internet Search Queries and IP Address; Probable Cause to Support Search Warrant of Google Search Records
The Pennsylvania Supreme Court will consider two issues of first impression: (1) whether an individual has a reasonable expectation of privacy in their Google searches and IP address, and (2) whether there was sufficient probable cause to support a search warrant to Google, where the suspect was unknown and no evidence was presented establishing that Google was used in the planning or commission of a crime.
Allocatur granted Oct. 31, 2023. Use of County Funds for Payment of District Attorney’s Outside Legal Fees; Separation of Powers
The Pennsylvania Supreme Court granted allocatur to consider a private law firm’s request for the payment of legal fees incurred as a result of the law firm’s litigation of a lawsuit on behalf of former Lancaster County District Attorney Craig Stedman against certain County Commissioners.
Allocatur granted Oct. 6, 2023. Medical Provider Liability under the Mental Health Procedures Act for Failure to Voluntarily Admit Patient
The Pennsylvania Supreme Court granted allocatur to consider medical provider liability for gross negligence and/or willful misconduct in failing to diagnose a patient’s condition and failing to initiate inpatient treatment under the Mental Health Procedures Act, 50 P.S. §§ 7101–7503.
Commonwealth v. Muhammad, 289 A.3d 1078 (Pa. Super. 2023), appeal docket 109 MAP 2023
Allocatur granted Nov. 28, 2023. Inconsistent Verdict; Validity of Conviction for Carrying Firearm without a License where Jury found no Firearm Possession
The Pennsylvania Supreme Court will consider whether there was sufficient evidence to support a conviction for firearms not to be carried without a license, 18 Pa.C.S. § 6106, where the jury made a specific factual finding that the defendant did not possess a firearm.
May 15, 2024
Harrisburg
Commonwealth v. Lear, 290 A.3d 709 (Pa. Super. 2023), appeal dockets 90 – 92 MAP 2023
Allocatur granted Oct. 3, 2023. Rule 600; Delay; Commonwealth due diligence during pandemic
The Pennsylvania Supreme Court will consider whether the Commonwealth must prove it exercised due diligence in order for judicial delay arising from emergency orders issued during the pandemic to be excluded from a Rule of Criminal Procedure 600(C) computation of time.
Allocatur granted May 2, 2023. Are the procedures provided under Pennsylvania’s Refund Act the mandatory and exclusive means of pursuing refunds of excessive fees charged by political subdivisions?
The Pennsylvania Supreme Court will consider whether the procedures provided under Pennsylvania’s Refund Act are the mandatory and exclusive means of pursuing refunds of allegedly “excessive fees” charged by political subdivisions.
Allocatur granted Dec. 13, 2023. Preliminary Injunction; Irreparable Harm; Standard of Review
In this case, the Pennsylvania Supreme Court will consider whether irreparable harm was shown to support a preliminary injunction temporarily enjoining Prospect Medical Holdings, Inc. from consummating the transition of a Delaware County Hospital into a behavioral health facility.
Direct Appeal. Constitutionality of 75 Pa.C.S. §3755 (Reports by emergency room personnel)
In this direct appeal, the Pennsylvania Supreme Court will consider whether the Cumberland County Court of Common Pleas properly reached the constitutionality of 75 Pa.C.S. § 3755 in holding that statutory section facially unconstitutional.
Pignetti v. PennDOT, 2023 WL 1773952 (Pa. Cmwlth.) (unreported), appeal dockets 26 & 27 EAP 2023
Allocatur granted Sept. 18, 2023. Eminent Domain Code; Assessment of Noncontiguous Tracts as One Parcel
The Pennsylvania Supreme Court will consider whether the trial court properly held that noncontiguous tracts may be assessed as one parcel under the Eminent Domain Code.
For more information, contact Kevin McKeon or Dennis Whitaker.