Pennsylvania Case Commentaries

Disciplinary Precedent: Public Reprimand for Attorney Misconduct Reflecting Lack of Honesty and Trustworthiness

Date: Mar 14, 2025

Disciplinary Precedent: Public Reprimand for Attorney Misconduct Reflecting Lack of Honesty and Trustworthiness Introduction The Judgment in the matter of Office of Disciplinary Counsel v. Douglas...

Emphasizing Accountability Through Public Reprimand: A New Precedent in Lawyer Discipline for Assault Convictions

Date: Mar 14, 2025

Emphasizing Accountability Through Public Reprimand: A New Precedent in Lawyer Discipline for Assault Convictions Introduction The case of Office of Disciplinary Counsel v. Paul M. Schofield, Jr.,...

New Precedent: Prospective Application of Act 53 in Medical License Reinstatement Proceedings

Date: Mar 14, 2025

New Precedent: Prospective Application of Act 53 in Medical License Reinstatement Proceedings Introduction This commentary examines the recent Supreme Court of Pennsylvania decision in Omar Almusa,...

Act 53 Applies Prospectively to Reinstatement: Non–Drug-Trafficking Felony Drug Convictions Do Not Trigger MPA’s Ten-Year Reinstatement Bar

Date: Mar 14, 2025

Act 53 Applies Prospectively to Reinstatement: Non–Drug-Trafficking Felony Drug Convictions Do Not Trigger MPA’s Ten-Year Reinstatement Bar I. Introduction In Almusa, O., Aplt. v. State Board of...

Interstate Sovereign Immunity After Hyatt III: Primacy of Sister-State Classification in the “Arm of the State” Inquiry

Date: Mar 13, 2025

Interstate Sovereign Immunity After Hyatt III: Primacy of Sister-State Classification in the “Arm of the State” Inquiry I. Introduction In Galette, C. v. NJ Transit; Apl. of: NJ Transit (Pa. 2025),...

Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent

Date: Mar 13, 2025

Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent Introduction In this landmark decision, the Supreme Court of Pennsylvania addressed a complex...

Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering

Date: Feb 23, 2025

Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering Introduction The case of Commonwealth of Pennsylvania v. Nathaniel Williams represents a...

No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims

Date: Feb 23, 2025

No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims Introduction The present Judgment in Commonwealth of Pennsylvania v. Richard Roland Laird, decided...

Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g))

Date: Feb 22, 2025

Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g)) Introduction In...

New Precedent on Attorney Disciplinary Standards: Affirming a Clear and Convincing Burden and Limiting Offensive Collateral Estoppel

Date: Feb 13, 2025

New Precedent on Attorney Disciplinary Standards: Affirming a Clear and Convincing Burden and Limiting Offensive Collateral Estoppel Introduction The recent Supreme Court of Pennsylvania decision in...

Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221

Date: Feb 11, 2025

Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221 Introduction The Supreme Court of Pennsylvania issued a pivotal judgment on February 6, 2025, titled "IN RE: FINANCIAL...

Calabrese v. Office of Disciplinary Counsel: Five-Year Suspension Balancing Misconduct and Rehabilitation

Date: Feb 8, 2025

Calabrese v. Office of Disciplinary Counsel: Five-Year Suspension Balancing Misconduct and Rehabilitation Introduction In the landmark case Office of Disciplinary Counsel v. Tancredi William...

Supreme Court of Pennsylvania Denies Certification in Santos v. Attorney General: Implications for PWID Deportation

Date: Feb 1, 2025

Supreme Court of Pennsylvania Denies Certification in Santos v. Attorney General: Implications for PWID Deportation Introduction Jose German Santos, a lawful permanent resident of the United States...

Public Reprimand Reinforces Standards on Refund of Unearned Fees under RPC 1.5(a) and RPC 1.16(d)

Date: Jan 23, 2025

Public Reprimand Reinforces Standards on Refund of Unearned Fees under RPC 1.5(a) and RPC 1.16(d) Introduction The disciplinary case of Office of Disciplinary Counsel v. Mark M. Mack adjudicated by...

Clarifying Workers' Compensation Benefit Calculations for Specific Loss Injuries: Jackiw v. Soft Pretzel Franchise

Date: Jan 23, 2025

Clarifying Workers' Compensation Benefit Calculations for Specific Loss Injuries: Jackiw v. Soft Pretzel Franchise Introduction In the landmark case of Jennifer Jackiw v. Soft Pretzel Franchise, the...

Clarifying 'Substantial Force' in Resisting Arrest: Commonwealth v. Crosby

Date: Jan 23, 2025

Clarifying 'Substantial Force' in Resisting Arrest: Commonwealth of Pennsylvania v. Jarren Crosby Introduction The case of Commonwealth of Pennsylvania v. Jarren Crosby, decided on January 22, 2025,...

Pennsylvania Supreme Court Affirms EHB Jurisdiction Over DEP Permitting Appeals, Clarifying Federal Preemption Limits under Natural Gas Act

Date: Jan 23, 2025

Pennsylvania Supreme Court Affirms EHB Jurisdiction Over DEP Permitting Appeals, Clarifying Federal Preemption Limits under Natural Gas Act Introduction The recent judgment by the Supreme Court of...

Exclusivity and Compensation Limits under the Pennsylvania Occupational Disease Act: Insights from Herold v. University of Pittsburgh

Date: Jan 23, 2025

Exclusivity and Compensation Limits under the Pennsylvania Occupational Disease Act: Insights from Herold v. University of Pittsburgh Introduction In the landmark case Herold v. University of...

Commonwealth v. Roberts: Affirming the Mens Rea Requirement for SORNA Compliance

Date: Jan 23, 2025

Commonwealth v. Roberts: Affirming the Mens Rea Requirement for SORNA Compliance Introduction In the landmark case of Commonwealth of Pennsylvania v. William Albert Roberts, the Supreme Court of...

Appellate Review Standards for Preliminary Injunctions: CKHS, Inc. v. Prospect Medical Holdings, Inc.

Date: Jan 23, 2025

Appellate Review Standards for Preliminary Injunctions: CKHS, Inc. v. Prospect Medical Holdings, Inc. Introduction In the case of CKHS, Inc. and The Foundation for Delaware County v. Prospect Medical...