In accordance with the Supreme Court’s Notice Regarding the Supreme Court of Pennsylvania’s October 2021 Oral Argument Session, arguments before the Supreme Court this month will take place in-person.
October 26, 2021
Reibenstein v. Barax, 236 A.3d 1162 (Pa. Super. 2020), appeal docket 32 MAP 2021
Allocatur granted May 4, 2021. MCARE; Statute of Limitations; Equitable Tolling
As a matter of first impression, the Pennsylvania Supreme Court will consider application of the equitable tolling provision where the medical cause of death is correctly represented on the death certificate, but there is evidence of affirmative misrepresentation or fraudulent concealment of conduct that allegedly led to a patient’s death.
Pennsylvania Pub. Util. Comm’n v. Friedman, 244 A.3d 515 (Pa. Cmwlth. 2020), appeal dockets 24 & 25 MAP 2021
Allocatur granted Apr. 21, 2021. Scope of Office of Open Records Authority; Public Utility Confidential Security Information Disclosure Protection Act
The Pennsylvania Supreme Court will consider the Office of Open Records authority to order the release of a record, which is designated by the recipient agency as Confidential Security Information as defined in the Public Utility Confidential Security Information Act, 35 P.S. § 2141.3 et seq.
Commonwealth v. Santana, 241 A.3d 660 (Pa. Super. 2020), appeal docket 23 MAP 2021
Allocatur granted Apr. 12, 2021. SORNA; Ex Post Facto; Offender Subject to Registration in other Jurisdiction
The Pennsylvania Supreme Court will consider whether retroactive application of SORNA’s registration requirement is an unconstitutional ex post facto punishment where an offender is subject to similar registration requirements in another jurisdiction.
Whalen v. Pennsylvania Pub. Sch. Employee Retirement Bd., 241 A.3d 1242 (Pa. Cmwlth. 2020), appeal docket 33 MAP 2021
Allocatur granted May 10, 2021. Public School Employees’ Retirement Code; Retirement Covered Compensation
The Pennsylvania Supreme Court will consider whether money received in settlement of an age discrimination action constitutes retirement-covered compensation for purposes of calculating the final average salary under the Pennsylvania Public School Employees Retirement Code.
Arlet v. Workers’ Comp. Appeal Bd., 237 A.3d 615 (Pa. Cmwlth. 2020), appeal docket 12 WAP 2021
Allocatur granted May 26, 2021. Jones Act; Insurer’s Right to Subrogation under Workers’ Compensation Act
The Pennsylvania Supreme Court granted allocatur in this case to determine whether an insurer has a right to subrogation under Section 319 of the Workers’ Compensation Act (Act) for worker’s compensation benefits paid to an employee under the Jones Act when the employee was determined to not be covered by the Jones Act.
October 27, 2021
Hughes v. UGI Storage Company, 243 A.3d 278 (Pa. Cmwlth. 2020), appeal docket 49-50 MAP 2020
Allocatur granted June 8, 2021. Eminent Domain; De Facto Taking
The Pennsylvania Supreme Court will consider whether Commonwealth Court impermissibly imposed du jure taking elements on a de facto taking claim.
Commonwealth v. Barr, 240 A.3d 1263 (Pa. Super. 2020), appeal docket 28 MAP 2021
Allocatur granted Apr. 28, 2021. Probable Cause; Medical Marijuana Act
The Pennsylvania Supreme Court will consider whether the odor of marijuana per se establishes probable cause to conduct a warrantless search of a vehicle notwithstanding the legality of marijuana for medical purposes under the Medical Marijuana Act.
Eastern Univ. Acad. Charter Sch. v. School Dist. of Philadelphia, 2020 WL 3886021 (Pa. Cmwlth. 2020) (unreported), appeal docket 16 EAP 2021
Allocatur granted Apr. 7, 2021. Charter School Law; Timeliness of Decision Not to Renew Charter
The Pennsylvania Supreme Court will hear argument on whether a school district’s decision to nonrenew a school’s charter agreement was untimely where the decision had been rendered after the expiration of the charter term for which renewal was sought.
O’Donnell v. Allegheny Cty. N. Tax Collection Comm., 2020 WL 7413634 (Pa. Cmwlth. 2020) (unreported), appeal docket 16 EAP 2021
Allocatur granted Apr. 27, 2021. Taxability of Whistleblower Payment
In this case, the Pennsylvania Supreme Court will consider whether whistleblower award payments are taxable as earned income in Pennsylvania.
In re Adoption of L.A.K., 2021 WL 1157997 (Pa. Super. 2021) (unreported), appeal dockets 14 & 15 WAP 2021
Allocatur granted June 29, 2021. Termination of Parental Rights
The Pennsylvania Supreme Court granted allocatur to consider whether Superior Court erred in this case involving the termination of parental rights.
For more information, contact Kevin McKeon or Dennis Whitaker.