Sept. 12, 2023
Allocatur granted Oct. 18, 2022. Are emotional distress damages covered under an insurance policy providing liability coverage only for “bodily injury”?
The Supreme Court will consider whether an insurance company has a duty to defend an insured in claims seeking emotional distress damages where the insurance policy provides liability coverage only for “bodily injury.”
Allocatur granted Oct. 4, 2022. Use of Hearsay Evidence to Establish Defendant’s Identity at Preliminary Hearing
The Supreme Court granted allocatur to consider whether hearsay evidence of a defendant’s identity is sufficient to satisfy the Commonwealth’s burden at a preliminary hearing under Pennsylvania Rule of Criminal Procedure 542(E), which provides that “[h]earsay evidence shall be sufficient to establish any element of an offense[.]”
Allocatur granted Oct. 24, 2022. Permanent Injunction Standard; Non-defamation Tort; Prior Restraint Doctrine
The Pennsylvania Supreme Court will consider the constitutionality of an injunction prohibiting neighbors from placing non-defamatory signs on their property.
Pennsylvania State Education Ass’n v. Public Sch. Employees’ Retirement Bd., Order sustaining preliminary objection and dismissing declaratory judgment action, No. 199 M.D. 2021 (Pa. Cmwlth. July 21, 2022) (unreported), appeal docket 90 MAP 2022
Direct Appeal. Standing; Public School Employee’s Retirement System
In this direct appeal, the Pennsylvania Supreme Court will consider whether a teachers’ union has standing to seek a declaration that the Public School Employees’ Retirement System must calculate a school district’s pension fund withdrawal liability when it outsources work to private entities or converts a public school to a charter school.
Sept. 13, 2023
Direct Appeal. Uniform Firearms Act; Preemption of Local Firearm Regulation
The Pennsylvania Supreme Court will consider a challenge to the validity of Uniform Firearms Act and Home Rule Charter and Optional Plans Law which vests the General Assembly with the sole power to legislate in the field of firearm regulation.
Allocatur granted Oct. 27, 2022. Unfair Labor Practice vs. Managerial Prerogative: Teacher Union Collective Bargaining Rights
In this case, the Pennsylvania Supreme Court will consider whether Abington Heights School District violated its bargaining obligations by contracting with Johnson College to teach courses for high school credit.
Allocatur granted Jan. 4, 2023. Pennsylvania Limited Partnership Act; Forced Arbitration
The Pennsylvania Supreme Court granted allocatur to consider whether a limited partner can force arbitration of his challenges to a special litigation committee.
Sept. 14, 2023
Allocatur granted Feb. 22, 2023. “Public Work” under the Pennsylvania Prevailing Wage Act; Municipal Bonds
The Pennsylvania Supreme Court will consider whether a construction project undertaken by Ursinus College was “public work” under Section 2(5) of the Pennsylvania Prevailing Wage Act because the project was financed through bonds issued by the Montgomery County Higher Education and Health Authority.
Direct Appeal. Jurisdiction; Clergymen Privilege; Child Protective Services Law Mandated Reporting
In this direct appeal, the Pennsylvania Supreme Court will consider Commonwealth Court’s dismissal for lack of jurisdiction over a claim against the Department of Human Services seeking a declaration that the elders are “clergymen” for purposes of the Child Protective Services Law.
Allocatur granted Aug. 10, 2022. Application of Quasi-Judicial Immunity to Guardian Ad Litem
The Supreme Court will consider whether a guardian ad litem is entitled to judicial immunity.
Allocatur granted Nov. 30, 2022. Does Pennsylvania Rule of Criminal Procedure Rule 600 begin to run after a defendant is originally charged, or after additional charges?
The Pennsylvania Supreme Court will hear argument on whether Pennsylvania Rule of Criminal Procedure 600 starts to run after a defendant is originally charged with crimes, but further police investigation uncovers a much larger criminal operation, resulting in additional charges.