Oral arguments before the Pennsylvania Supreme Court will again be held in person this month, however attendance in person remains limited to those seats available in the courtroom. Arguments will be livestreamed at www.youtube.com/c/supremectofpaofficial.
November 29, 2022
Franks v. State Farm Mutual Automobile Insurance Company, 263 A.3d 1169 (Pa. Super. 2021) (en banc), appeal docket 42 MAP 2022
Allocatur granted Mar. 23, 2022. Insurance; Statutory Construction; Motor Vehicle Financial Responsibility Laws; Stacking Waiver
This case, a matter of first impression, centers on the interpretation of Section 1738 of the Motor Vehicle Financial Responsibility Law, which governs the stacking of uninsured motorist and underinsured motorist benefits and the option to waive such coverage.
Commonwealth v. Rivera, 255 A.3d 497 (Pa. Super. 2021), appeal docket 22 MAP 2022
Allocatur granted Feb. 23, 2022. Post-Miranda Silence; Harmless Error
The Supreme Court granted allocatur to consider whether prejudice is presumed from the improper use at trial of post-arrest, post-Miranda silence, requiring the Commonwealth to show beyond a reasonable doubt that the error did not affect the verdict.
In the Interest of: K.T., 2022 WL 1793083 (Pa. Super. 2022) (unreported), appeal dockets 37 – 38 WAP 2022
Allocatur granted Aug. 18, 2022. Adoption Act; Involuntary Termination of Parental Rights
The Pennsylvania Supreme Court granted allocatur to consider if, in considering whether parental rights should be involuntarily terminated, the trial court must evaluate whether the child’s bond with the parent is necessary and beneficial to the child and not just whether any parent-child bond exists.
Franczyk v. The Home Depot, Inc., 2021 WL 4352306 (Pa. Super. 2021) (unreported), appeal docket 11 WAP 2022
Allocatur granted March 16, 2022. Tort Liability for Compensable Injury under the Workers’ Compensation Act
The Supreme Court will consider whether an employee is prohibited by the exclusive remedy provision of the Workers’ Compensation Act from bringing a tort claim against the employer for a compensable injury.
November 30, 2022
South Bethlehem Associates, L.P. v. Zoning Hearing Board of Bethlehem Township, 2021 WL 303046 (Pa. Cmwlth. 2021) (unreported), appeal docket 41 MAP 2022
Allocatur granted March 22, 2022. Standing; Aggrieved Party; Zoning Appeal
The Pennsylvania Supreme Court granted allocatur to consider whether a party, located near a subject property and who opposed a zoning action before the zoning board, has standing to appeal the grant of a variance.
Commonwealth v. Capriotti, 2021 WL 3836846 (Pa. Super. 2021) (unreported), appeal docket 23 MAP 2022
Allocatur granted Feb. 23, 2022. “Silver Platter” Exception to the Exclusionary Rule; Non-occupant’s Invitation
The Supreme Court will consider the application of the “silver platter” exception to the exclusionary rule where a search is the result of a non-occupant’s invitation.
Commonwealth v. Taylor, 2021 WL 3206496 (Pa. Super. 2021) (unreported), appeal docket 40 MAP 2022
Allocatur granted March 22, 2022. Applicability of Harmless Error Doctrine to Certification of Juvenile to be Tried as an Adult
The Supreme Court granted allocatur to consider whether the harmless error doctrine applies to the certification of a juvenile partially based on a Fifth Amendment violation by the trial court, as well as the appropriate remedy if such violation is not harmless error.
For more information, contact Kevin McKeon or Dennis Whitaker.