Pennsylvania Case Commentaries

PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers

Date: Apr 1, 2025

PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers Introduction In Mark and Leah Gustafson, individually and as administrators of the estate of James Robert “J.R.” Gustafson...

Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination

Date: Mar 27, 2025

Reaffirming Clear and Convincing Evidence Standards in Parental Rights Termination Introduction This commentary examines the dissenting opinion in In the Interest of E.D.A. III, et al., 23-27 MAP...

Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights

Date: Mar 27, 2025

Reaffirming the Clear and Convincing Evidence Standard in Termination of Parental Rights 1. Introduction In In the Interest of A.B.A., a Minor; Appeal of T.W.A. et al. (Nos. 15–24 MAP 2024), the...

Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental-Rights Termination

Date: Mar 27, 2025

Ensuring Clear and Convincing Evidence: Specificity and Corroboration in Parental‐Rights Termination Introduction In the consolidated appeals In the Interest of E.D.A., et al. (Nos. 15–24 MAP 2024),...

Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance

Date: Mar 27, 2025

Enforcement of Pa.R.C.L.E. 111(b): Administrative Suspension for CLE Non-Compliance Introduction On March 26, 2025, the Supreme Court of Pennsylvania issued an administrative order in In Re:...

Clear and Convincing Evidence, Not Credibility Alone: Justice Donohue’s Dissent on Termination of Parental Rights in In re E.D.A. III

Date: Mar 27, 2025

Clear and Convincing Evidence, Not Credibility Alone: Justice Donohue’s Dissent on Termination of Parental Rights in In the Interest of E.D.A. III I. Introduction This commentary examines Justice...

Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights

Date: Mar 27, 2025

Ensuring Clear‐and‐Convincing Evidence in Termination of Parental Rights 1. Introduction In In the Interest of B.W., a Minor; Appeal of E.A., Jr. et al., Nos. 15–24 MAP 2024, the Supreme Court of...

"Credibility Is Not a Substitute for Competency": Justice Donohue’s Dissent on the Clear and Convincing Evidence Standard in Pennsylvania Termination-of-Parental-Rights Cases

Date: Mar 27, 2025

"Credibility Is Not a Substitute for Competency": Justice Donohue’s Dissent on the Clear and Convincing Evidence Standard in Pennsylvania Termination-of-Parental-Rights Cases 1. Introduction This...

Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination

Date: Mar 27, 2025

Clarifying the Clear and Convincing Evidence Standard in Parental-Rights Termination Introduction In In the Interest of E.J.A., a Minor; Appeal of T.M.A. (Nos. 15–24 MAP 2024), the Supreme Court of...

Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings

Date: Mar 27, 2025

Preserving Parental Rights: The Imperative of Clear and Convincing Evidence in Termination Proceedings Introduction The consolidated appeals in In the Interest of E.D.A., III; B.W.; A.B.A.; R.M.A.;...

Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination

Date: Mar 27, 2025

Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination Introduction In the consolidated appeals In the Interest of E.J.A., et al. (Nos. 15–24 MAP 2024), the Supreme...

Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies”

Date: Mar 21, 2025

Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies” Introduction Schmidt, M. v. Schmidt, Kirifides & Rassias,...

Limits on Industry-Wide Character Judgments in Video Gaming License Denials

Date: Mar 21, 2025

Limits on Industry-Wide Character Judgments in Video Gaming License Denials Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, M. v. Pennsylvania Gaming...

Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing

Date: Mar 21, 2025

Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, F. v. Pennsylvania...

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Date: Mar 21, 2025

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act Introduction This commentary addresses the Pennsylvania Supreme Court’s decision in...

Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Date: Mar 21, 2025

Establishing Intent-Based Parentage in ART Cases: Glover v. Junior Introduction In Glover v. Junior, 2025 WL ____ (Pa.), the Supreme Court of Pennsylvania confronted a novel family-law question: when...

Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Date: Mar 21, 2025

Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability Introduction This commentary examines the Pennsylvania Supreme Court’s decision in Simone v....

Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era

Date: Mar 21, 2025

Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era I. Introduction This consolidated appeal from the Supreme...

Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Date: Mar 21, 2025

Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status Introduction Commonwealth v. Foster, decided March 20, 2025 by the Supreme Court of...

Individualized Character Assessment Required in Video Gaming License Decisions

Date: Mar 21, 2025

Individualized Character Assessment Required in Video Gaming License Decisions Introduction Better Bets Ventures, LLC v. Pennsylvania Gaming Control Board (March 20, 2025) is a landmark Supreme Court...