Tuesday, October 23, 2018
Pittsburgh, Pa.
Allocatur granted Jan. 22, 2018. Land Use and Zoning: Conditional Use; Burden of Proof: Sufficiency of Evidence
The Pennsylvania Supreme Court will hear argument on whether the Commonwealth Court erred in this land use and zoning case.
Commonwealth v. Hlubin, 165 A.3d 1 (Pa. Super. 2017), appeal docket 56 WAP 2017
Allocatur granted Nov. 21, 2017. Municipal Police Powers; DUI Checkpoints
The Supreme Court will hear argument on whether the Superior Court erred in this case involving sobriety checkpoints.
Allocatur granted Nov. 29, 2017. Municipality’s Authority under Home Rule Charter Law; Exception by Statute
The Supreme Court will hear argument on whether the Commonwealth Court erred in this case involving municipal authority under the Home Rule Charter Law.
Commonwealth v. Gill, 158 A.3d 719 (Pa. Super. 2017), appeal docket 65 WAP 2017
Allocatur granted Dec. 20, 2017. Admission of Evidence of Similar Crimes; Relevance
The Supreme Court of Pennsylvania will hear argument related to the admission of evidence of a subsequent, similar burglary at the same residence as evidence of similar crimes, behaviors, and/or acts.
Allocatur granted Dec. 27, 2017. 911 Act; Statutory Construction Act Section 1504 and Common Law
The Supreme Court of Pennsylvania will hear argument related to statutory construction of the 911 Act.
Allocatur granted Nov. 20, 2017. Evidence of General Risks and Complications in a Medical Negligence Claim
The Supreme Court of Pennsylvania will hear argument on whether the Superior Court erred in this case involving evidence of general risks and complications in a medical negligence claim.
Com. v. Monarch, 165 A.3d 945 (Pa. Super. 2017), appeal docket 1 WAP 2018
Allocatur granted Jan. 11, 2018. Impermissible Enhanced Penalties for Refusal to Consent to Chemical Testing
The Supreme Court of Pennsylvania will hear argument on this case involving application of the recent United States Supreme Court decision in Birchfield v. North Dakota, __ U.S. __, 136 S.Ct. 2160, 195 L.Ed.2d 560 (June 23, 2016) to a refusal to consent to chemical testing.
Wednesday, October 24, 2018
Pittsburgh, Pa.
Allocatur granted March 13, 2018. Act 47; Direct Appeal of Act 111 Award
The Supreme Court of Pennsylvania will hear argument regarding the Commonwealth Court’s determination that the FOP was not entitled to direct appeal pursuant to Act 47 of an Act 111 award.
Com. v. McClelland, 165 A.3d 19 (Pa. Super. 2017), appeal docket 2 WAP 2018
Allocatur granted Jan. 11, 2018. Hearsay; Preliminary Hearing; Due Process
The Supreme Court of Pennsylvania will hear argument to determine whether reliance on hearsay alone to establish a prima facie case at a criminal preliminary hearing violates due process.
Bayview Loan Servicing LLC v. Wicker, 163 A.3d 1039 (Pa. Super. 2017), appeal docket 3 WAP 2018
Allocatur granted Jan. 17, 2018. Hearsay – Business Records Exception; Admissibility of Witness Testimony at Debt Collection Trial
The Supreme Court of Pennsylvania will hear argument to determine issues related to the conflict between U.S. Bank v. Pautenis; Boyle v. Steiman and Commonwealth Financial Systems v. Smith as to the admissibility of witness testimony at a debt collection trial
BouSamra v. Excela Health, 167 A.3d 728 (Pa. Super. 2017), appeal docket 5 WAP 2018
Allocatur granted Jan. 30, 2018. Discovery; Attorney-Client Privilege; Work-Product Doctrine
The Supreme Court of Pennsylvania will hear argument in this case involving attorney-client privilege and the work-product doctrine.
Commonwealth v. Adams, 2017 WL 2424726 (Pa. Super. 2017)(unreported), appeal docket 6 WAP 2018
Allocatur granted Feb. 12, 2018. Investigatory Detention; Probable Cause
The Supreme Court granted allocatur to consider whether the trial court erred in denying a motion to suppress when the suspect was detained for pulling into his own business, when such was closed, and thus the stop and subsequent detention was not supported by probable cause or reasonable suspicion of criminal activity.
Allocatur granted May 22, 2018. Life without Parole for Juvenile; Need for Miller v. Alabama Analysis where LWOP Possible
The Supreme Court of Pennsylvania will hear argument in this case involving the need for Miller v. Alabama analysis where LWOP possible.
Yanakos v. UPMC, 2017 WL 3168991(Pa. Super. 2017)(unreported), appeal docket 10 WAP 2018
Allocatur granted March 28, 2018. Statutes of Repose: Article I § 11 “Open Courts” Guarantee; MCARE
The Supreme Court of Pennsylvania granted allocatur to determine whether the MCARE Statute of Repose violates the Open Courts guarantees of the Pennsylvania Constitution by depriving some patients of any access to courts, but permitting actions by similarly situated patients.
For more information, contact Kevin McKeon or Dennis Whitaker.