As part of the courts’ ongoing Covid 19 response, arguments before the Supreme Court this month will be publicly accessible via video conference. For more information, visit: http://www.pacourts.us/courts/supreme-court/september-2020-supreme-court-session.
Sept. 15, 2020
Allocatur granted Jan. 28, 2020. Right to Know Law; Disclosure of Financial and Security Information Contained within Medical Marijuana Organizations’ Applications
In these consolidated Right to Know law appeals, the Supreme Court will consider whether redacted security and financial information contained in applications for medical marijuana grower/processor and dispensary permits, which prospective applicants submitted to the Pennsylvania Department of Health pursuant to the Medical Marijuana Act, is subject to disclosure.
Allocatur granted Dec. 27, 2019. Real Estate Exception to Sovereign Immunity Act
The Pennsylvania Supreme Court granted allocatur in this case to consider whether the real estate exception to the Pennsylvania Sovereign Immunity Act applies to a public housing authority’s failure to provide adequate outside lighting of a sidewalk in a public housing complex at night.
Allocatur granted Jan. 28, 2020. Workers’ Compensation; Pretrial Incarceration Suspension of Benefits
The Pennsylvania Supreme Court granted allocatur in this case to determine whether a pretrial incarceration meets the statutory requirement to suspend Workers’ Compensation benefits under 77 P.S. § 511.1,
Allocatur granted Jan. 28, 2020. Contractual Immunity from Liability for Negligent Road Repair
The Pennsylvania Supreme Court will consider whether the City of Philadelphia can contractually immunize itself from liability for breaching a mandatory public safety duty to repair road hazards and whether an exculpatory release of liability for an organized bike riding event immunizes the City from liability for negligently repairing a road hazard before the parties drafted or entered into the release.
Sept. 16, 2020
Allocatur granted Jan. 8, 2020. Workers’ Compensation; Traveling Employee Presumption
The Pennsylvania Supreme Court will consider the applicability of the traveling employee presumption to a company-sponsored event in this workers’ compensation appeal.
Allocatur granted Feb. 6, 2020. Res Judicata and Collateral Estoppel where Companion Case not Appealed
The Pennsylvania Supreme Court granted allocatur in this case to determine whether Commonwealth Court erred in applying res judicata and collateral estoppel where a companion case was not appealed.
Allocatur granted Feb. 20, 2020. Preclusion of Evidence that Allegedly Shows Crime was Committed by Someone Else
The Pennsylvania Supreme Court will consider preclusion of evidence that allegedly shows a crime was committed by someone else.
Allocatur granted March 31, 2020. Good Faith Effort to Effectuate Service
The Pennsylvania Supreme Court granted allocatur in this case to determine whether the Superior Court’s affirmance of the dismissal of a civil complaint because the plaintiff failed to make a good faith effort to timely serve the defendant was in error and in contravention of precedent.
Finnerty v. Pa. Dep’t of Cmty. & Econ. Dev., 208 A.3d 178 (Pa. Cmwlth. 2019); 2019 WL 1858392 (Pa. Cmwlth. Apr. 25, 2019) (unreported), allocatur granted sub. nom. Chester Water Auth. v. Pa. Dep’t of Cmty. & Econ. Dev., appeal dockets 44 & 45 EAP 2019
Allocatur granted Dec. 27, 2019. RTKL; Application of Predecisional Deliberative Exception to Agency Subcontractors; Application of Mootness Doctrine to Records Produced During Appeal
The Pennsylvania Supreme Court granted allocatur in this matter of first impression involving the application of the Pennsylvania Right to Know Law’s internal, predecisional deliberative exception to information shared with agency subcontractors without a direct contractual relationship with the agency. The court will also consider Commonwealth Court’s application of the mootness doctrine to records produced during the pendency of the appeal.
Sept. 17, 2020
Heimbach, et al. v. Amazon.com, et al.; In re Amazon.com, Inc., Fulfillment Ctr. Fair Labor Standards Act (FLSA) & Wage & Hour Litig., 852 F.3d 601 (6th Cir. 2017), Certification of Question of State Law granted Dec. 27, 2019, appeal docket 43 EAP 2019.
Certification of State Law granted Dec. 27, 2019. Are after-hour security screenings considered work and compensable under Pennsylvania law?
The Pennsylvania Supreme Court will consider a certification of a question of state law from the Sixth Circuit concerning the Pennsylvania Minimum Wage Act, 43 P.S. §§333.101 – 333.115.
Allocatur granted Apr. 6, 2020. Zoning; Static Vinyl versus Electronic Advertising Signs
The Pennsylvania Supreme Court will determine whether the Commonwealth Court erred in affirming the trial court’s decision that the City of Pittsburgh’s Zoning Board of Adjustment’s (ZBA) decision lacked substantial evidence that the placement of a static vinyl advertisement overtop an existing, nonconforming electronic advertising sign violated the City’s zoning code.
Allocatur granted Nov. 26, 2019. Is conviction of Chapter 31 sexual offenses a necessary element of Corruption of Minors-Felony?
The Pennsylvania Supreme Court granted allocatur to consider whether a conviction of Chapter 31 sexual offenses is a necessary element for conviction of a Corruptions of Minors felony.
Direct appeal. “Bonus Payments” Paid to the Commonwealth under Oil and gas Leases on State Forest Land
In this direct appeal, the Pennsylvania Supreme Court will consider whether “bonus payments” paid to the Commonwealth under oil and gas leases on state forest land are part of the trust corpus under Article I, Section 27 of the Pennsylvania Constitution.