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Pennsylvania Case Commentaries

Pennsylvania Supreme Court Establishes Clear Boundaries on Attorney-Client Privilege in Derivative Litigation

Pennsylvania Supreme Court Establishes Clear Boundaries on Attorney-Client Privilege in Derivative Litigation

Date: Jan 24, 2019
Pennsylvania Supreme Court Establishes Clear Boundaries on Attorney-Client Privilege in Derivative Litigation Introduction The Pennsylvania Supreme Court, in the landmark case Pittsburgh History and...
Affirmation of Real Property Exception in Governmental Immunity: Brewington v. City of Philadelphia

Affirmation of Real Property Exception in Governmental Immunity: Brewington v. City of Philadelphia

Date: Dec 29, 2018
Affirmation of Real Property Exception in Governmental Immunity: Brewington v. City of Philadelphia Introduction In the landmark case of Syeta Brewington, as Parent and Natural Guardian for Jarrett...
Judicial Review Supersedes Prosecutorial Discretion in Post Conviction Relief: Commonwealth v. Brown

Judicial Review Supersedes Prosecutorial Discretion in Post Conviction Relief: Commonwealth v. Brown

Date: Oct 18, 2018
Judicial Review Supersedes Prosecutorial Discretion in Post Conviction Relief: Commonwealth v. Brown Introduction In the landmark case Commonwealth of Pennsylvania v. Lavar D. Brown, decided on...
Nicolaou v. Martin: Reinforcing Jury's Role in Discovery Rule and Reasonable Diligence for Medical Malpractice Claims

Nicolaou v. Martin: Reinforcing Jury's Role in Discovery Rule and Reasonable Diligence for Medical Malpractice Claims

Date: Oct 18, 2018
Nicolaou v. Martin: Reinforcing Jury's Role in Discovery Rule and Reasonable Diligence for Medical Malpractice Claims Introduction The case of Nancy Nicolaou and Nicholas Nicolaou v. James J. Martin,...
Limits on Consent Search Scope for Canine Sniffs: Commonwealth of Pennsylvania v. Valdivia

Limits on Consent Search Scope for Canine Sniffs: Commonwealth of Pennsylvania v. Valdivia

Date: Oct 18, 2018
Limits on Consent Search Scope for Canine Sniffs: Commonwealth of Pennsylvania v. Valdivia Introduction The case of Commonwealth of Pennsylvania v. Randy Jesus Valdivia addresses a critical issue in...
Expanding UTPCPL Protections: Pennsylvania Supreme Court Broadens Scope Beyond Advertising in Golden Gate Case

Expanding UTPCPL Protections: Pennsylvania Supreme Court Broadens Scope Beyond Advertising in Golden Gate Case

Date: Sep 26, 2018
Expanding UTPCPL Protections: Pennsylvania Supreme Court Broadens Scope Beyond Advertising in Golden Gate Case Introduction The case of Commonwealth of Pennsylvania Acting by Attorney General, Josh...
Statutory Authorization Required for Civil Forfeiture of Derivative Contraband in Pennsylvania

Statutory Authorization Required for Civil Forfeiture of Derivative Contraband in Pennsylvania

Date: Sep 22, 2018
Statutory Authorization Required for Civil Forfeiture of Derivative Contraband in Pennsylvania Introduction In the landmark case of Commonwealth of Pennsylvania v. Justen Irland, the Supreme Court of...
Appointment of Separate Legal Counsel for Children in Termination of Parental Rights Proceedings

Appointment of Separate Legal Counsel for Children in Termination of Parental Rights Proceedings

Date: Aug 23, 2018
Appointment of Separate Legal Counsel for Children in Termination of Parental Rights Proceedings Introduction The case of In re: T.S., E.S., Minors concerns the termination of parental rights (TPR)...
Improper Admission of Hearsay Exhibits Undermines Termination of Parental Rights in Pennsylvania

Improper Admission of Hearsay Exhibits Undermines Termination of Parental Rights in Pennsylvania

Date: Jul 19, 2018
Improper Admission of Hearsay Exhibits Undermines Termination of Parental Rights in Pennsylvania Introduction In the case of In re: A.J.R.-H. and I.G.R.-H. Appeal of: K.J.R., Mother, the Supreme...
Clarification on After-Discovered Evidence: Non-Cumulative Evidence May Warrant a New Trial – Commonwealth v. Small

Clarification on After-Discovered Evidence: Non-Cumulative Evidence May Warrant a New Trial – Commonwealth v. Small

Date: Jul 19, 2018
Clarification on After-Discovered Evidence: Non-Cumulative Evidence May Warrant a New Trial Case: Commonwealth of Pennsylvania v. Eric Eugene Small Court: Supreme Court of Pennsylvania, Middle...
Strict Adherence to Preliminary Injunction Standards in Environmental Regulation Enforcement

Strict Adherence to Preliminary Injunction Standards in Environmental Regulation Enforcement

Date: Jun 2, 2018
Strict Adherence to Preliminary Injunction Standards in Environmental Regulation Enforcement Introduction The case of The Marcellus Shale Coalition (MSC) v. Department of Environmental Protection...
Affidavit Errors and Probable Cause: Analysis of Commonwealth of Pennsylvania v. Leed

Affidavit Errors and Probable Cause: Analysis of Commonwealth of Pennsylvania v. Leed

Date: Jun 2, 2018
Affidavit Errors and Probable Cause: Analysis of Commonwealth of Pennsylvania v. Leed Introduction Commonwealth of Pennsylvania v. Eric Jay Leed, Appellate Case 186 A.3d 405, adjudicated by the...
Separate Notices of Appeal Required for Orders Affecting Multiple Dockets: Analysis of Commonwealth v. Walker

Separate Notices of Appeal Required for Orders Affecting Multiple Dockets: Analysis of Commonwealth v. Walker

Date: Jun 2, 2018
Separate Notices of Appeal Required for Orders Affecting Multiple Dockets: Analysis of Commonwealth v. Walker Introduction In Commonwealth of Pennsylvania v. Walker, the Supreme Court of Pennsylvania...
Reaffirming Warrant Requirement for Warrantless Cell Phone Searches: Commonwealth v. Fulton

Reaffirming Warrant Requirement for Warrantless Cell Phone Searches: Commonwealth v. Fulton

Date: Feb 22, 2018
Reaffirming Warrant Requirement for Warrantless Cell Phone Searches: Commonwealth v. Fulton Introduction In the landmark case Commonwealth of Pennsylvania v. I. Dean Fulton (179 A.3d 475), decided on...
League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania: Upholding the Free and Equal Elections Clause Against Partisan Gerrymandering

League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania: Upholding the Free and Equal Elections Clause Against Partisan Gerrymandering

Date: Feb 8, 2018
League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania: Upholding the Free and Equal Elections Clause Against Partisan Gerrymandering Introduction In the landmark case League of Women...
Disbarment for Judicial Misconduct: The Pozonsky Case

Disbarment for Judicial Misconduct: The Pozonsky Case

Date: Jan 19, 2018
Disbarment for Judicial Misconduct: The Pozonsky Case Introduction In Office of Disciplinary Counsel v. Paul Michael Pozonsky (177 A.3d 830), the Supreme Court of Pennsylvania addressed a severe...
Right to Counsel During Neuropsychological Examinations: Shearer v. Hafer Establishes New Precedent

Right to Counsel During Neuropsychological Examinations: Shearer v. Hafer Establishes New Precedent

Date: Jan 19, 2018
Right to Counsel During Neuropsychological Examinations: Shearer v. Hafer Establishes New Precedent Introduction Shearer v. Hafer, 177 A.3d 850 (Pa. 2018), is a pivotal case decided by the Supreme...
Affirmation of Procedural Standards in PCRA Petition Dismissal

Affirmation of Procedural Standards in PCRA Petition Dismissal

Date: Jan 12, 2018
Affirmation of Procedural Standards in PCRA Petition Dismissal Introduction In Commonwealth of Pennsylvania v. Ernest Wholaver Jr., 177 A.3d 136 (Pa. Sup. Ct. 2018), the Supreme Court of Pennsylvania...
Limiting the Automobile Exception: Warrantless Seizure of Vehicles from Residential Driveways in Commonwealth of Pennsylvania v. Loughnane (2017)

Limiting the Automobile Exception: Warrantless Seizure of Vehicles from Residential Driveways in Commonwealth of Pennsylvania v. Loughnane (2017)

Date: Nov 23, 2017
Limiting the Automobile Exception: Warrantless Seizure of Vehicles from Residential Driveways in Commonwealth of Pennsylvania v. Loughnane (2017) Introduction In Commonwealth of Pennsylvania v....
Severability and Uniformity in Corporate Tax Law: Insights from Nextel Communications v. Commonwealth of Pennsylvania

Severability and Uniformity in Corporate Tax Law: Insights from Nextel Communications v. Commonwealth of Pennsylvania

Date: Oct 19, 2017
Severability and Uniformity in Corporate Tax Law: Insights from Nextel Communications v. Commonwealth of Pennsylvania Introduction In Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth...
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