Tuesday, November 19
Harrisburg, Pa

Pennsylvania State Police v. American Civil Liberties Union of Pa., 2018 WL 2272597 (Pa. Cmwlth. 2018) (unreported), appeal docket 66 MAP 2018

Allocatur granted Dec. 3, 2018. RTKL; Sufficiency of Evidence; In Camera Review

The Supreme Court of Pennsylvania granted allocatur in this Right to Know law case on issues involving the sufficiency of evidence and use of in camera review.

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Dana Holding Corp. v. WCAB (Smuck), 195 A.3d 635 (Pa. Cmwlth. 2018),  appeal docket 44 MAP 2019

Allocatur granted May 14, 2019. Workers’ Compensation: Retroactive application of Protz to determine impairment ratings

The Supreme Court of Pennsylvania granted allocatur in this case involving workers’ compensation impairment ratings. 

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Commonwealth v. Hoover, 2018 WL 4215020 (Pa. Super. 2018)(unreported), appeal docket 25 MAP 2019

Allocatur granted Feb. 27, 2019. Reconsideration of Early Release Order based on Subsequent Offense

The Pennsylvania Supreme Court granted allocatur in this case involving reconsideration of an early release order following Defendant’s subsequent DUI charge.

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Commonwealth v. Taylor, 2018 WL 4290127 (Pa. Super. 2018), appeal docket 29 MAP 2019

Allocatur granted March 12, 2019. Criminal Prosecution of a Juvenile

The Pennsylvania Supreme Court granted allocatur in this case to determine whether a juvenile court violates a juvenile’s Fifth Amendment right if it considers refusal to admit guilt as a reason to transfer to criminal court.

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Harrison v. Health Network Lab, et al, 203 A.3d 307 (Pa Super. 2018), appeal docket 51 MAP 2019

Allocatur granted June 27, 2019. Pennsylvania Human Relations Act

Is the Pennsylvania Human Relations Act the exclusive remedy for a retaliation claim under the Pennsylvania Whistleblower Law where the wrong alleged by the whistleblower is unlawful discrimination against a third party?

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Commonwealth v. Britton, 2018 WL 1165543 (Pa. Super. 2018) (unreported), appeal docket 55 MAP 2018

Allocatur granted Oct. 2, 2018. Out of State Law Enforcement; Applicability of Pennsylvania Law

The Supreme Court of Pennsylvania granted allocatur in this case involving the applicability of Pennsylvania standards to out of state law enforcement officials acting in their own state at the request of Pennsylvania officials. 

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Wednesday, November 20, 2019
Harrisburg, Pa

Commonwealth v. Rivera, Commonwealth v. Cooper-Reid, Nos. 792 MDA 2017; 793 MDA 2017 (Pa. Super. 2018) (unreported) (consolidated), appeal dockets 78 MAP 2018, 79 MAP 2018

Allocatur granted Dec. 28, 2018.  Double Jeopardy; Prosecutorial Misconduct; Standard of Review

The Supreme Court of Pennsylvania granted allocatur to determine the standard of review applicable to a determination of prosecutorial misconduct.

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Young v. Pennsylvania Board of Probation and Parole, 189 A.3d 16 (Pa. Cmwlth. 2018), appeal docket 1 MAP 2019

Allocatur granted Jan. 2, 2019.  Statutory Interpretation; Sentence Credit Revocation Under the Parole Code

The Supreme Court granted allocatur in this appeal involving the revocation of earned sentence credit under the Parole Code.

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In re: H.R., a Minor, 196 A.3d 1059 (Pa. Super. 2018), appeal docket 41 MAP 2019

Allocatur granted April 30, 2019. Is 42 Pa. C.S. § 6403 (“Act 21”), providing for civil commitment of sexually violent minors, “punitive,” and thus unconstitutional?

The Pennsylvania Supreme Court granted allocatur in this case involving the retroactive application of Act 21 and its mechanism for determining whether an individual is a sexually violent delinquent child.

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Commonwealth v. Lacombe, appeal docket 35 MAP 2018; Commonwealth v. Torsilieri, appeal docket 37 MAP 2018; Commonwealth v. Witmayer, appeal docket 64 MAP 2018 (original jurisdiction)

Original Jurisdiction. Constitutionality of SORNA as Amended

The Pennsylvania Supreme Court will hear argument in these direct appeals from trial courts declaring unconstitutional recent amendments to Pennsylvania’s Sex Offender Registration and Notification Act (SORNA).

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A Special Touch v. UC Tax Services, 192 A.3d 1238 (Pa. Cmwlth. 2018), appeal docket 30 MAP 2019

Allocatur granted March 12, 2019. Liability for unemployment compensation tax

The Pennsylvania Supreme Court will consider when workers are “independent contractors” because they are “customarily engaged in an independently established trade, occupation, profession, or business.”

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ODC v Frank G. Fina, 2624 DD3 (Disciplinary)

Disciplinary Docket. The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s recommendation for a one year and one day suspension of Attorney Frank Fina, a former prosecutor who investigated the Sandusky Penn State scandal.

Thursday, November 21, 2019
Harrisburg, Pa

Berg v. Nationwide Mut. Ins. Co., 189 A.3d 1030 (Pa. Super. 2018), appeal docket 33 MAP 2019

Allocatur granted March 29, 2019. Bad faith claims: deference to trial court factual findings

The Supreme Court granted review of the Superior Court’s extraordinary step of vacating the trial court’s judgment in favor of the insured and entering judgment for Nationwide, based on a determination that the trial court’s factual findings were not supported by the evidence.

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ODC v. Jonathon F. Altman, 2623 DD3 (Disciplinary)

Disciplinary Docket. The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s recommendation for the disbarment of Attorney Jonathon Altman, who was accused of having an improper relationship with his client.

Commonwealth v. Copenhaver, 200 A.3d 956 (Pa. Super. 2018), appeal docket 48 MAP 2019

Allocatur granted June 25, 2019. May a sheriff conduct a stop and search based on observing an expired vehicle registration tag, treating it as a “breach of the peace?”

The Supreme Court granted review of the Superior Court’s finding that an expired vehicle registration tag constitutes a “breach of the peace”, thus granting sheriffs and citizens a common law power to arrest on that basis alone.

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Renner v. Court of Common Pleas of Lehigh Cty., 195 A.3d 1070 (Pa. Cmwlth. 2018), reargument en banc denied (Dec. 3, 2018), appeal docket 52 MAP 2019

Allocatur granted July 2, 2019. Soverign Immunity; Separation of Powers

The Pennsylvania Supreme Court will consider whether the Judiciary is exempt from the Pennsylvania Human Relations Act through sovereign immunity or the separation of powers doctrine.

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Northern Berks Reg. Police Comm. v. Berks Co. FOP, 196 A.3d 715 (Pa. Cmwlth. 2018), allocatur granted July 3, 2019, appeal docket 53 MAP 2019

Allocatur granted July 3, 2019. Act 111; Scope of Review

The Pennsylvania Supreme Court will consider the narrow certiorari scope of review for grievance arbitration of public employees, including police officers, when the outcome creates unreasonable results in this Act 111 case.  

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Commonwealth v. Cochran, 2018 WL 2404980 (Pa. Super. 2018) (unreported), appeal docket 77 MAP 2018

Allocatur granted Dec. 28, 2018. Sentencing; Restitution 

The Supreme Court of Pennsylvania granted allocatur in this case involving 18 Pa.C.S. §1106(c)’s mandate that restitution must be set at the time of sentencing.

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For more information, contact Kevin McKeon or Dennis Whitaker.