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
Pittsburgh
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.
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.
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.
For more information, contact Kevin McKeon or Dennis Whitaker.