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.
September 13, 2022
Commonwealth v. Perrin, 2021 WL 2288081 (Pa. Super. 2021) (unreported), appeal docket 2 EAP 2022
Allocatur granted Jan. 25, 2022. Acceptance of Stipulations as to Witness Credibility
The Pennsylvania Supreme Court will consider whether the trial court abused its discretion in refusing to accept the parties’ stipulations regarding the credibility of witnesses.
USA v. Harris, 2020 WL 7232898 (E.D. Pa. 2021) (unreported), appeal docket 5 EAP 2022
Petition for Certification granted Feb. 14, 2022. Does a conviction under 18 Pa. C.S. § 2702(a)(1) require some use of physical force?
The Pennsylvania Supreme Court will consider whether a conviction for first degree aggravated assault pursuant to subsection (a)(1) requires the use of physical force.
Marion v. Bryn Mawr Trust Co., 253 A.3d 682 (Pa. Super. 2021) (unreported), appeal docket 72 MAP 2021
Allocatur granted Oct. 5, 2021. Aiding and Abetting Fraud; Actual Knowledge
The court granted allocatur to consider whether aiding and abetting fraud is an actionable tort, whether actual knowledge is required to satisfy the elements of the tort; and whether the trial court erred in failing to recognize that the jury’s no-liability finding necessarily barred relief.
Commonwealth v. Smith, 253 A.3d 682 (Pa. Super. 2021) (unreported), appeal docket 92 MAP 2022
Allocatur granted Dec. 15, 2021. Admissibility of Co-defendant’s Redacted Statement.
The Supreme Court will consider whether Superior Court erred in affirming the trial court’s admission of the redacted statement of a co-defendant notwithstanding the Pennsylvania Supreme Court decisions in Commonwealth v. Rainey, 928 A.2d 216 (Pa. 2007) and Commonwealth v. Johnson, 378 A.2d 859 (Pa. 1977), which interpreted Bruton v. United States, 391 U.S. 123 (1968).
September 14, 2022
Alpini v. Workers’ Comp. Appeal Bd. (Tinicum Twp), 260 A.3d 1101 (Pa. Cmwlth. 2021) (unreported), appeal docket 2 MAP 2022
Allocatur granted Jan. 4, 2022. Workers’ Compensation; Heart and Lung Benefit Subrogation from Recovery under the Dram Shop Act
The Pennsylvania Supreme Court will consider whether an employer that paid Heart and Lung Act benefits entitled to subrogation from a claim in which the employee was injured and asserted motor vehicle negligence- and Dram Shop Act-based claims.
Erie Insurance Exchange v. Mione, 253 A.3d 754 (Pa. Super. 2021), appeal docket 89 MAP 2021
Allocatur granted Nov. 30, 2021. Motor Vehicle Financial Responsibility Law; Household Exclusion Language in Automobile Insurance Policies
The Pennsylvania Supreme Court will address household exclusions in auto policies in Pennsylvania.
Commonwealth v. Verbeck, 2021 WL 1328551 (Pa. Super. 2021) (unreported), appeal docket 1 MAP 2022
Allocatur granted Jan. 4, 2022. Acceptance of ARD as a Prior Conviction for DUI Sentencing Purposes
The court granted allocatur to consider whether acceptance of ARD is a prior conviction for the purposes of DUI sentencing.
Javitz v. Luzerne County, 2021 WL 3028160 (Pa. Cmwlth. 2021) (unreported), appeal docket 85 MAP 2021
Allocatur granted Nov. 16, 2021. Whistleblower Law; Causation.
The Supreme Court will consider the evidence of causation required to make a prima facie case under the Whistleblower law.
Weeks v. DHS, 255 A.3d 660 (Pa. Cmwlth. 2021), direct appeal, appeal docket 22 EAP 2021
Direct Appeal. Act 12 of 2019; Single-subject and Original Purpose Rules
The Supreme Court will consider whether Act 12 of 2019 violates the single-subject and original-purpose rules under the Pennsylvania Constitution.
September 15, 2022
Commonwealth v. Wallace, 244 A.3d 1261 (Pa. Super. 2021), appeal docket 93 MAP 2021
Allocatur granted Dec. 29, 2021. Are GPS Records Hearsay?
The Pennsylvania Supreme Court will consider whether GPS location records are inadmissible as hearsay.
GM Berkshire Hills LLC v. Berks Cnty. Bd. of Assessment, 257 A.3d 822 (Pa. Cmwlth. 2021), appeal docket 16 MAP 2022
Allocatur granted Feb. 1, 2022. Sales-based Real Estate Tax Assessment; School District Discretion
In this case, the court will consider, as a matter of first impression, whether a school district’s use of recent sales prices to select property assessments for appeal violates either the Equal Protection Clause of the U.S. Constitution or the Uniformity Clause of the Pennsylvania Constitution.
Commonwealth v. Armolt, 2021 WL 240523 (Pa. Super. 2021) (unreported), appeal docket 86 MAP 2021
Allocatur granted Nov. 17, 2021. Adult Jurisdiction over Crimes Committed as a Juvenile
The court granted allocatur to consider whether the trial court erred in trying an individual as an adult for crimes committed and first reported when the person was a juvenile.
In re Senior Health Insurance Company of Pennsylvania in Rehabilitation, 266 A.3d 1141 (Pa. Cmwlth. 2021), appeal docket 71 MAP 2021
Direct Appeal. Rehabilitation Plan Approval
In this direct appeal, the Supreme Court will consider whether Commonwealth Court erred in approving a rehabilitation plan over the objections of state regulators.
Marcellus Shale Coalition v. Dep’t of Environmental Protection, 193 A.3d 447 (Pa. Cmwlth. 2018), appeal docket 69 MAP 2021
Direct Appeal. Unconventional Oil and Gas Well Regulations; Public Resource Definitions and Authority to Accept Comments
In this direct appeal, Commonwealth Court will consider the validity of definitions used in unconventional oil & gas well regulations and the validity of a provision that the Department will consider comments and recommendations submitted by municipalities.
For more information, contact Kevin McKeon or Dennis Whitaker.