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.
October 25, 2022
The Bert Company v. Turk, 257 A.3d 93 (Pa. Super. 2021), appeal dockets 13 & 14 WAP 2021
Allocatur granted Mar. 29, 2022. Constitutionality of Punitive Damages in Excess of Compensatory Damages
The Pennsylvania Supreme Court will consider (1) whether a punitive damage award that is 11.2 times greater than a compensatory damages award presumptively violates substantive due process; (2) whether in cases involving joint and several liability where compensatory damages are awarded cumulatively against all defendants, the constitutionally permissible ratio of punitive-to compensatory damages should be calculated on a per-defendant basis; and (3) as a matter of first impression, whether in reviewing the constitutionality of a punitive damages award, a court can consider speculative potential harm to the plaintiff where evidence of potential harm was not presented to the jury.
Commonwealth v. Koger, 255 A.3d 1285 (Pa. Super. 2021), appeal docket 15 WAP 2021
Allocatur granted Apr. 5, 2022. Failure to Advise of Parole/Probation Conditions at Sentencing
The Pennsylvania Supreme Court will consider whether the statutory requirements related to notice of probation conditions under 42 Pa.C.S. § 9754 applies to both probation and parole cases.
Commonwealth v. Green, 265 A.3d 798 (Pa. Super. 2021), appeal docket 16 WAP 2021
Allocatur granted Apr. 5, 2022. Is a transfer order filed after the twenty-day limitation in 42 Pa. C.S. § 6322 and Pa.R.Crim.P. 597 a legal nullity?
The Pennsylvania Supreme Court granted allocatur to consider whether a transfer order filed after the requisite 20 days for entry of the order renders the transfer order a legal nullity.
Shrom v. Underground Storage Tank Indemnification Board, 261 A.3d 1082 (Pa. Cmwlth. 2021), appeal docket 21 MAP 202
Allocatur granted Feb. 16, 2022. Underground Storage Tank Indemnification Fund; Payment of Registration Fees under Section 503; De Facto Regulation
The Supreme Court will consider whether owners of underground storage tanks are eligible for the payment of remediation costs by the Underground Storage Tank Indemnification Fund where the underground storage tanks were not registered, and the required registration fee was not paid, at the time of the fuel release that gave rise to their claim.
Myers v. Commonwealth, 260 A.3d 349 (Pa. Cmwlth. 2021), appeal docket nos. 67 & 68 MAP 2021
Direct Appeal. Refund of Sales Tax; Discount Coupon Description Requirement
In this direct appeal, the Supreme Court will consider whether a taxpayer is entitled to a refund of sales tax paid on items purchased from a retailer using discount coupons.
October 26, 2022
Allegheny Reproductive Health Center v. Dep’t of Human Services, 225 A.3d 902 (Pa. Cmwlth. 2020) and 249 A.3d 598 (Pa. Cmwlth. 2021), appeal docket 26 MAP 2021
Direct Appeal. Constitutionality of Abortion Funding Restriction; Standing of Legislative Intervenors; Standing of Providers on Behalf of Patients
This direct appeal to the Supreme Court arises from two separate opinions by Commonwealth Court holding that (1) the Legislative Intervenors were entitled to intervene in constitutional challenge to Abortion Control Act Medicaid funding restriction lodged by reproductive health centers, and (2) the Reproductive Health Centers lack standing to challenge the coverage ban on the basis of the constitutional rights belonging to third parties and failed to state a claim upon which relief could be granted.
Brown v. Oil City, 263 A.3d 338 (Pa. Cmwlth. 2021), appeal docket 6 WAP 2022
Allocatur granted Feb. 22, 2022. Liability of Out-of-possession Contractor where Dangerous Conditions known to Possessor
The Supreme Court will consider whether an out-of-possession contractor cannot be subject to liability under Section 385 of the Restatement of Torts for injuries to third-parties where the dangerous condition of the structure erected by the contractor is well known to the possessor of land.
Commonwealth v. Rosario, 2021 WL 4129781 (Pa. Super. 2021) (unreported), appeal dockets 3 – 5 WAP 2022
Allocatur granted Jan. 25, 2022. Violation of Probation Sentences not yet Commenced
The Supreme Court granted allocatur to consider whether the revocation of consecutive probation sentences not yet commenced where there has been a substantive violation and conviction in a new case is proper.
McLaughlin v. Nahata, 260 A.3d 222 (Pa. Super. 2021), appeal docket 7 WAP 2022
Allocatur granted Feb. 24, 2022. Indemnity and Contribution of Vicariously Liable Party
The Supreme Court granted allocatur to determine whether a party found to be liable can seek indemnity and/or contribution from a secondarily vicariously liable entity.
Commonwealth v. Dunn, 2020 WL 7682502 (Pa. Super. 2020) (unreported), appeal docket 10 WAP 2022
Allocatur granted Mar. 8, 2022. Notice to Call Expert Witness; Disclosure of Expert Reports
The Pennsylvania Supreme Court granted allocatur in this case involving the expert disclosure and expert report requirements under 42 Pa.C.S. § 5920 and Rule of Criminal Procedure 573.
For more information, contact Kevin McKeon or Dennis Whitaker.