Tuesday, October 15, 2019
Pittsburgh, Pa

Crown Castle NG East, LLC v. Pennsylvania Public Utility Commission, 188 A.3d 617 (Pa. Cmwlth. 2018),  appeal docket 2 MAP 2019

Allocatur granted Jan. 3, 2019.  Definition of “Public Utility”; DAS Service vs. Cell Phone Service; Agency Deference; Statutory Construction

The Supreme Court granted allocatur in this appeal of a Pennsylvania Public Utility Commission decision regarding DAS provider Crown Castle.

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Weeks v. Department of Human Services, 480 M.D. 2019, direct appeal, appeal docket 22 EAP 2019

Direct Appeal.  Act 12 of 2019 Elimination of Cash Assistance Program; Preliminary Injunction Denial

The Supreme Court will consider the Commonwealth Court’s refusal to preliminarily enjoin Act 12’s elimination of the General Assistance cash assistance program.

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Trigg v. Children’s Hosp. of Pittsburgh of UPMC, 187 A.3d 1013 (Pa. Super. 2018), appeal docket 3 WAP 2019

Allocatur granted Jan. 23, 2019.  Jury Selection; McHugh Deference

The Supreme Court granted allocatur in this case to address issues related to the application of the McHugh deference standard. 

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Commonwealth v. Byrd, 185 A.3d 1015 (Pa. Super. 2018), appeal docket 34 WAP 2018

Allocatur granted Sept. 19, 2018. Wiretap Act; Jailhouse Communications

The Supreme Court of Pennsylvania granted allocatur in this case involving the application of Pennsylvania’s Wiretap Act to jailhouse communications.

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Commonwealth v. Katona, 191 A.3d 8 (Pa. Super. 2018), appeal docket 1 WAP 2019

Allocatur granted Jan. 3, 2019. Search Warrants; Independent Source Doctrine

The Supreme Court of Pennsylvania granted allocatur in this case involving the application of the independent soruce doctrine.

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City of Pittsburgh v. Fraternal Order of Police Fort Pitt Lodge No. 1, 189 A.3d 491 (Pa. Cmwlth. 2018), appeal docket 2 WAP 2019

Allocatur granted Jan. 16, 2019.  Act 111; Arbitrator’s Authority in a Grievance Arbitration

The Supreme Court granted allocatur in this case to address the scope of authority of the arbitrator in an Act 111 grievance arbitration. 

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Wednesday, October 16, 2019
Pittsburgh, Pa

Maas v. UPMC, 192 A.3d 1139 (Pa. Super. 2018), appeal docket 7 WAP 2019

Allocatur granted Feb. 13, 2019. Duty to Warn Third Parties of Danger Posed by Mental Health Patient

The Pennsylvania Supreme Court will consider whether mental health professionals have a duty to warn unidentified neighbors of a mental health patient of possible risk.

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Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), appeal docket 25 WAP 2018

Allocatur granted July 31, 2018. Constitutionality of Sexually Violent Predator Hearings and Designations

The Supreme Court of Pennsylvania granted allocatur to determine the constitutionality of SVP hearings and designations.

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Walsh v. BASF Corp., 191 A.3d 838 (Pa. Super. 2018), appeal dockets 14, 15, 16, 17 and 18 WAP 2019

Allocatur granted March 5, 2019. Expert Testimony; Frye Standard: Trial Court as Gatekeeper?

The Pennsylvania Supreme Court granted allocatur in this case involving application of the Frye standard to evaluate expert scientific evidence.

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Com. v. Hamlett, 2018 WL 4327391 (Pa. Super. 2018) (unreported), appeal docket 8 WAP 2019

Allocatur granted Feb. 13, 2019. Sua Sponte Raising of Harmless Error; Right for Any Reason Doctrine

The Pennsylvania Supreme Court granted allocatur in this criminal case to determine issues related to harmless error and the right for any reason doctrine.

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Temple v. Providence Care Center, 194 A.3d 659 (Pa. Super. 2018), 2018 WL 3358598 (Pa. Super. July 10, 2018), appeal docket 21 WAP 2019

Allocatur granted March 26, 2019. Waiver and the trial court’s right to sua sponte grant a new trial

The Supreme Court will consider whether the Superior Court erred in affirming a grant of a new trial based upon errors that were not preserved properly at trial.

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For more information, contact Kevin McKeon or Dennis Whitaker.