Nov. 19, 2024
Harrisburg
Ferguson v. PennDOT, 267 A.3d 628 (Pa. Cmwlth. 2021), appeal docket 73 MAP 2022
Allocatur granted June 22, 2022. Validity of DUI Statutes’ Penalization based on Prior Acceptance of ARD
The Pennsylvania Supreme Court will consider whether the Pennsylvania Department of Transportation’s suspension of a motorist’s driving privileges as a subsequent or repeat DUI offender where the motorist had successfully completed an ARD program violates constitutional substantive and procedural due process rights
Direct Appeal; Allocatur granted June 25, 2024. Constitutionality of Section 15(d) of the Educator Discipline Act’s requirement to make all adjudications imposing discipline available on Department of Education websites
In these appeals, filed under seal and scheduled to be argued simultaneously, the Pennsylvania Supreme Court will consider the constitutionality of Section 15(d) of the Educator Discipline Act (Act), which requires the state to publicize suspensions of teachers who are charged with serious crimes, as applied to teachers’ whose criminal charges were resolved in the teachers’ favor.
Allocatur granted Apr. 29, 2024. Is the Pennsylvania Gaming Control Board entitled to deference as to whether an applicant has the requisite “good character, honesty, and integrity” to be licensed by the Board in accordance with the Video Gaming Act?
The Pennsylvania Supreme Court will consider orders entered by the Pennsylvania Gaming Control Board denying several of Petitioners’ applications for video gaming terminal operator and video gaming terminal principal licenses pursuant the Video Gaming Act, 4 Pa. C.S. §§ 3101-4506.
Allocatur granted Dec. 27, 2023. Applicability of Immunity Provisions of the Mental Health Procedures Act
In this case, the Supreme Court will consider whether the Mental Health Procedures Act (MHPA) immunity provisions (which shield conduct except willful and gross negligence) apply where the injuries the decedent allegedly suffered after being involuntarily admitted for mental health treatment were unrelated to treatment for mental health conditions that underpin the immunity provisions of the MHPA.
Steets v. Celebration Fireworks (WCAB), 295 A.3d 312 (Pa. Cmwlth. 2023), appeal docket 3 MAP 2024
Allocatur granted Jan. 16, 2024. Are worker’s compensation specific loss benefits are payable following an injured worker’s death resulting from a work injury?
The Pennsylvania Supreme Court will consider whether worker’s compensation specific loss benefits are payable following an injured worker’s death resulting from a work injury.
Commonwealth v. Rondon, 298 A.3d 1135 (Pa. Super. 2023), appeal docket 5 MAP 2024
Allocatur granted Jan. 23, 2024. Is the written consent requirement of 42 Pa.C.S. § 5747.1(b)(2) triggered when the court’s revocation and forfeiture of a defendant’s bail was the result of a court error?
The Pennsylvania Supreme Court granted allocatur in this case to address whether the written consent requirement of 42 Pa.C.S. § 5747.1(b)(2) (“The bail bondsman shall not be continued by the court on a reinstated bail unless a written consent is signed by the bail bondsman agreeing to such an extension of suretyship”) is triggered when the court’s revocation and forfeiture of a defendant’s bail was the result of a court error.
Nov. 20, 2024
Harrisburg
Allocatur granted Apr. 30, 2024. Reimbursement of Out-of-Pocket Expenses for Prescribed CBD Oil under Workers’ Compensation Act
The Pennsylvania Supreme Court will consider whether, under Pennsylvania’s Workers’ Compensation Act, an employer can refuse to reimburse an employee for out-of-pocket expenses for prescribed CBD Oil and the requirements for a Claimant to obtain reimbursement.
Coleman v. Parkland Sch. Dist., 305 A.3d 238 (Pa. Cmwlth. 2023), appeal docket 33 MAP 2024
Allocatur granted May 7, 2024. Does Section 712.1 of the Pennsylvania Sunshine Act provide three or four exceptions to the requirement that an agency provide 24 hours’ notice of an agenda prior to a public meeting?
The Pennsylvania Supreme Court will consider, as a matter of first impression, whether Section 712.1 of the Pennsylvania Sunshine Act provides three or four exceptions to the requirement that an agency provide 24 hours’ notice of an agenda prior to a public meeting.
Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023), appeal docket 35 MAP 2024
Allocatur granted May 21, 2024. Is a tenant in common of real property, who does not exercise possession or control over the property, an indispensable party in a premises liability action?
The Pennsylvania Supreme Court granted allocatur to consider whether a tenant in common of real property, who does not exercise possession or control over the property, is an indispensable party in a premises liability action.
Allocatur granted Apr. 9, 2024. Voir dire; Right to question prospective jurors’ potential bias as to the trustworthiness of certain categories of witnesses
In this set of cases scheduled to be consecutively argued, the Pennsylvania Supreme Court will consider the right of a party to question prospective jurors’ on voir dire regarding their potential bias as to the trustworthiness of certain categories of witnesses.
Allocatur granted Apr. 1, 2024. Involuntary Termination of Parental Rights; Witness Credibility
The Supreme Court will consider whether clear and convincing evidence exists to support a termination of parental rights decision where the trial court based its decision upon the testimony of one witness without acknowledging the competent testimony of multiple witnesses who provided testimony that directly contradicted that witness’ testimony.
For more information, contact Kevin McKeon or Dennis Whitaker.