Sept. 10, 2024
Philadelphia
Direct Appeal. Did the Pennsylvania Department of Health exceed its authority under the Pennsylvania Medical Marijuana Act in promulgating regulations requiring medical marijuana growers/processers use different laboratories?
In this direct appeal from an order of Commonwealth Court, the Pennsylvania Supreme Court will consider whether the Pennsylvania Department of Health exceeded its regulatory authority by requiring that medical marijuana growers/processors use a different laboratory at the harvest stage and production stage of growing and processing medical marijuana.
Allocatur granted Dec. 5, 2023. Are law enforcement officers immune from civil suits under Section 5725 of the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5725?
The Pennsylvania Supreme Court granted allocatur to consider whether law enforcement officers can be liable in a civil suit under Pennsylvania’s Wiretap Act.
Allocatur granted Oct. 16, 2023. Public Charity Real Estate Tax Exemption; Application of “operates entirely free from private profit motive” criteria of HUP Test
The Pennsylvania Supreme Court will consider whether, under the facts of this case, a hospital qualifies for real estate tax exemption as an institution of purely public charity that operates “entirely free from private profit motive.”
Allocatur granted Mar. 26, 2024. Prima Facie Showing Required to Support Unsworn Falsification to Authorities, Tampering with Evidence, Tampering with Public Records, and Obstructing the Administration of Law
The Pennsylvania Supreme Court will consider whether the Commonwealth presented sufficient evidence to establish a prima facie case brought against a former police detective for unsworn falsification to authorities, tampering with or fabricating physical evidence, tampering with public records or information, and obstructing administration of law or other governmental functions.
Sept. 11, 2024
Philadelphia
Glover v. Junior, 306 A.3d 899 (Pa. Super. 2023), appeal docket 9 EAP 2024
Allocatur granted Mar. 5, 2024. “Intent-based” Parentage of Child Conceived via In Vitro Fertilization
The Pennsylvania Supreme Court will consider whether the parentage of a child conceived via IVF may be established by intent.
Direct Appeal. Fee vs. Tax vs. Assessment; Commonwealth Immunity from Taxation
The Pennsylvania Supreme Court will consider whether the Borough of West Chester’s charge related to stormwater management is a tax that Commonwealth entities, PASSHE and West Chester University of Pennsylvania of PASSHE, are immune from paying.
Allocatur granted Feb. 14, 2024. Compensation for Specific Loss under Section 306 of the Workers’ Compensation Act
The Pennsylvania Supreme Court granted allocatur to consider whether Section 306(a) of the Workers’ Compensation Act, 77 P.S. § 511, rather than Section 306(c), 77 P.S. § 513, applies to determine the benefit rate for the specific loss of a body part.
Certification of Question of State Law granted Nov. 7, 2023. Subsurface Rights; Title Wash
The Pennsylvania Supreme Court granted a Petition for Certification of Question of State Law filed by the United States Court of Appeals for the Third Circuit to consider: Whether, on the record provided here, a 1908 tax sale of an unseated parcel of land, induced by the surface owner’s failure to pay taxes on the estate, and made to an agent of the defaulting surface owner, constitutes a title wash, thereby divesting the subsurface owner of his interest in the estate?
Allocatur granted Mar. 20, 2024. Recovery by subrogation of benefits paid pursuant to the Heart and Lung Act
The Pennsylvania Supreme Court will consider whether a self-insured, government entity is prohibited from subrogating Heart and Lung Benefits Act benefits from a third-party settlement received by an injured employee.
Galette v. NJ Transit, 293 A.3d 649 (Pa. Super. 2023), appeal docket 4 EAP 2024
Allocatur granted Feb. 14, 2024. Sovereign Immunity; Arm of the State
The Pennsylvania Supreme Court will consider whether the New Jersey Transit System is an arm of the state of New Jersey entitled to Eleventh Amendment sovereign immunity.
For more information, contact Kevin McKeon or Dennis Whitaker.