In accordance with the Supreme Court’s Notice Regarding the Supreme Court of Pennsylvania’s September 2021 Oral Argument Session, arguments before the Supreme Court this month will take place in-person.
September 21, 2021
League of Women Voters v. Boockvar (Degraffenreid), 2021 WL 62268 (Pa. Cmwlth. 2021), appeal docket 4 MAP 2021
Direct Appeal. Proposed Amendment Contained within One Ballot Question.
The Supreme Court will hear argument on whether Commonwealth Court erred in finding that a Proposed Amendment to Article I of the Pennsylvania Constitution, also known as Marcy’s Law, violated Article XI, Section 1 of the Pennsylvania Constitution because the Proposed Amendment was contained in only one ballot question.
Mallory v. Norfolk S. Ry. Co., 2020 WL 6375871 (Pa. Super. 2020) (unreported), appeal docket 3 EAP 2021
Direct Appeal. Personal Jurisdiction; Consent-by-Registration.
In this case, the Supreme Court will consider the constitutionality of 42 Pa.C.S.A. § 5301(a)(2)(ii) as a basis for exercising jurisdiction over a foreign corporation.
Szwerc v. Lehigh Valley Health Network, 235 A.3d 331 (Pa. Super. 2020), appeal docket 10 MAP 2021
Allocatur granted Feb. 17, 2021. Wage Payment and Collection Law; Attorneys’ Fees; Timeliness
The Pennsylvania Supreme Court will consider whether a trial court is divested of jurisdiction over a motion for attorneys’ fees under Pennsylvania’s Wage Payment and Collection Law, 43 P.S. §§ 260.1-260.12 (WPCL) that is filed more than 30 days following the court’s entry of final judgment.
Steltz v. Meyers, 2020 WL 1867021 (Pa. Super. 2020) (unreported), appeal docket 10 EAP 2021
Allocatur granted March 2, 2021. Standard for New Trial; Prejudice caused by Statement of Trial Counsel
The Pennsylvania Supreme Court granted allocatur in this case to consider whether Superior Court erred in affirming the trial court’s grant of a new trial based on prejudice.
Commonwealth v. Young, 2020 WL 6392766 (Pa. Super. 2020) (unreported), appeal docket 19 MAP 2021; Commonwealth v. Casey, 2020 WL 6306055 (Pa. Super. 2020) (unreported), appeal docket 20 MAP 2021
Allocatur granted Mar. 30, 2021. Failure to File Separate Notices of Appeal under Pa. R.A.P. 341
In these consolidated cases, the Supreme Court will revisit its 2018 decision in Commonwealth. v. Walker, in which it adopted the bright-line rule that “when a single order resolves issues arising on more than one lower court docket, separate notices of appeal must be filed” for each case and “failure to do so will result in quashal of the appeal.” 185 A.3d 969, 979 (Pa. 2018).
September 22, 2021
Fox v. Smith, 211 A.3d 862 (Pa. Super. 2019), appeal dockets 39 – 42 EAP 2019
Allocatur granted Dec. 24, 2019. The internet and electronic communications: what are the implications on venue in a defamation action?
The Pennsylvania Supreme Court granted allocatur in this case to consider whether venue is proper in an internet-based defamation action where the purported defamation is accessed through the internet despite the lack of any other connection to the venue.
Commonwealth v. Green, 204 A.3d 469 (Pa. Super. 2019), appeal docket 6 MAP 2021
Allocatur granted Jan. 25, 2021. Search of Home and Electronic Devices; Probable Cause
The Pennsylvania Supreme Court granted allocatur to consider whether a warrant permitting the search of a defendant’s home and electronic devices was overbroad and/or not supported by probable cause.
Commonwealth v. Talley, 236 A.3d 42 (Pa. Super. 2020), appeal docket 14 MAP 2021
Allocatur granted March 9, 2021. Bail Revocation Burden of Proof ; Best Evidence Rule – Screenshots of Text Messages.
In this case, the Pennsylvania Supreme Court will consider the Commonwealth’s burden of proof at a bail-revocation hearing and the scope of the Best Evidence Rule as applied to screenshots of text messages offered as evidence.
Metal Green Inc. v. City of Philadelphia, 237 A.3d 604 (Pa. Cmwlth. 2020), appeal docket 9 EAP 2021
Allocatur granted March 1, 2021. Zoning; Application of Minimum Variance Test to Blighted Property
The Pennsylvania Supreme Court granted allocatur in this zoning appeal to consider the application of the Minimum Variance Test to a request for a variance to allow conversion of an unused industrial building.
September 23, 2021
Lorino v. Workers’ Comp. Appeal Bd., 2020 WL 4810717 (Pa. Cmwlth. 2020) (unreported), appeal docket 8 EAP 2021
Allocatur granted Feb. 21, 2021. Workers’ Compensation Act; Attorneys’ Fees under Section 440 absent Unreasonable Contest.
In this case, the Pennsylvania Supreme Court will consider whether an employer must engage in an unreasonable contest in order for a claimant to receive an award of attorneys’ fees pursuant to Section 440 of the Workers’ Compensation Act.
Estate of Bisher v. Lehigh Valley Health Network, 2020 WL 3542237 (Pa. Super. 2020) (unreported), appeal docket 22 MAP 2021
Allocatur granted March 31, 2021. Unauthorized Practice of Law; Dismissal of Pro Se Complaint.
The Pennsylvania Supreme Court granted allocatur in this case to consider Superior Court’s sua sponte dismissal of a pro se complaint based on lack of jurisdiction arising from the unauthorized practice of law.
Lageman v. Zepp, 237 A.3d 1098 (Pa. Super. 2020), appeal docket 21 MAP 2021
Allocatur granted March 31, 2021. Availability of Res Ipsa Loquitur where Direct Evidence of Negligence Presented.
The Pennsylvania Supreme Court will hear argument on whether the legal doctrine of res ipsa loquitur, “the thing speaks for itself,” is available in a medical malpractice action where direct evidence is presented to support a claim of traditional medical negligence.
For more information, contact Kevin McKeon or Dennis Whitaker.