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  • Commentaries
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Pennsylvania Case Commentaries

Defining 'Governmental Function' Under Pennsylvania's Right-to-Know Law: Insights from SWB Yankees LLC v. Gretchen Wintermantel

Defining 'Governmental Function' Under Pennsylvania's Right-to-Know Law: Insights from SWB Yankees LLC v. Gretchen Wintermantel

Date: May 30, 2012
Defining 'Governmental Function' Under Pennsylvania's Right-to-Know Law: Insights from SWB Yankees LLC v. Gretchen Wintermantel Introduction The case of SWB Yankees LLC, Appellant v. Gretchen...
Supreme Court Upholds Frye Standard Over ‘Any-Exposure’ Theory in Asbestos Litigation

Supreme Court Upholds Frye Standard Over ‘Any-Exposure’ Theory in Asbestos Litigation

Date: May 24, 2012
Supreme Court Upholds Frye Standard Over ‘Any-Exposure’ Theory in Asbestos Litigation Introduction The case of Diana K. Betz, Executrix of the Estate of Charles Simikian, Deceased v. Pneumo Abex LLC,...
Incarceration as Grounds for Termination of Parental Rights under 23 Pa.C.S. § 2511(a)(2): Insights from In re Adoption of S.P.

Incarceration as Grounds for Termination of Parental Rights under 23 Pa.C.S. § 2511(a)(2): Insights from In re Adoption of S.P.

Date: May 18, 2012
Incarceration as Grounds for Termination of Parental Rights under 23 Pa.C.S. § 2511(a)(2): Insights from In re Adoption of S.P. Introduction The case In re Adoption of S.P. Appeal of Washington...
Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Johnson: Establishing Rigorous Standards for Capital Punishment

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Johnson: Establishing Rigorous Standards for Capital Punishment

Date: Apr 27, 2012
Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Johnson: Establishing Rigorous Standards for Capital Punishment Introduction In the landmark case of Commonwealth of Pennsylvania v....
Strengthening Probable Cause Standards for Anticipatory Search Warrants: Commonwealth of Pennsylvania v. Wallace

Strengthening Probable Cause Standards for Anticipatory Search Warrants: Commonwealth of Pennsylvania v. Wallace

Date: Apr 27, 2012
Strengthening Probable Cause Standards for Anticipatory Search Warrants: Commonwealth of Pennsylvania v. Wallace Introduction Commonwealth of Pennsylvania v. Wallace is a landmark decision by the...
Affirmation of Subjective Good Faith Standard in Determining "Paying Quantities" in Oil and Gas Leases

Affirmation of Subjective Good Faith Standard in Determining "Paying Quantities" in Oil and Gas Leases

Date: Mar 27, 2012
Affirmation of Subjective Good Faith Standard in Determining "Paying Quantities" in Oil and Gas Leases Introduction The case of T.W. Phillips Gas and Oil Co. and PC Exploration, Inc. v. Ann Jedlicka,...
Pennsylvania Supreme Court Establishes Discretionary Authority in Abatement Funding

Pennsylvania Supreme Court Establishes Discretionary Authority in Abatement Funding

Date: Mar 1, 2012
Pennsylvania Supreme Court Establishes Discretionary Authority in Abatement Funding Introduction In the landmark case of The Pennsylvania Medical Society et al. v. The Department of Public Welfare of...
Enhanced Application of the Confrontation Clause in Commonwealth v. Allshouse Following Michigan v. Bryant

Enhanced Application of the Confrontation Clause in Commonwealth v. Allshouse Following Michigan v. Bryant

Date: Jan 21, 2012
Enhanced Application of the Confrontation Clause in Commonwealth v. Allshouse Following Michigan v. Bryant Introduction Commonwealth of Pennsylvania v. Ricky Lee Allshouse, Jr. (36 A.3d 163, 2012)...
Reaffirming Standards for Ineffective Assistance of Counsel and Brady Obligations in Commonwealth of Pennsylvania v. John Joseph Koehler

Reaffirming Standards for Ineffective Assistance of Counsel and Brady Obligations in Commonwealth of Pennsylvania v. John Joseph Koehler

Date: Jan 21, 2012
Reaffirming Standards for Ineffective Assistance of Counsel and Brady Obligations in Commonwealth of Pennsylvania v. John Joseph Koehler Introduction In the landmark case of COMMONWEALTH of...
Implementation of ATKINS v. VIRGINIA: Procedural Insights from Commonwealth of Pennsylvania v. Sanchez

Implementation of ATKINS v. VIRGINIA: Procedural Insights from Commonwealth of Pennsylvania v. Sanchez

Date: Dec 22, 2011
Implementation of ATKINS v. VIRGINIA: Procedural Insights from Commonwealth of Pennsylvania v. Sanchez Introduction The case of Commonwealth of Pennsylvania v. Abraham Sanchez, Jr. (36 A.3d 24)...
Affirming Death Sentence Due to Sufficient Evidence of Premeditated Murder in Commonwealth v. Ramtahal

Affirming Death Sentence Due to Sufficient Evidence of Premeditated Murder in Commonwealth v. Ramtahal

Date: Dec 22, 2011
Affirming Death Sentence Due to Sufficient Evidence of Premeditated Murder in Commonwealth v. Ramtahal Introduction Commonwealth of Pennsylvania v. David Richard Ramtahal is a pivotal case...
Samuel-Bassett v. Kia Motors: Pennsylvania Supreme Court Limits Risk Multipliers in MMWA Class Action Fees

Samuel-Bassett v. Kia Motors: Pennsylvania Supreme Court Limits Risk Multipliers in MMWA Class Action Fees

Date: Dec 3, 2011
Samuel-Bassett v. Kia Motors: Pennsylvania Supreme Court Limits Risk Multipliers in MMWA Class Action Fees Introduction In the landmark case of SAMUEL-BASSETT v. KIA MOTORS AMERICA, INC., the Supreme...
Local Setback Ordinances for Mining Not Preempted by Surface Mining Act: Analysis of Hoffman Mining Co. v. Adams Township

Local Setback Ordinances for Mining Not Preempted by Surface Mining Act: Analysis of Hoffman Mining Co. v. Adams Township

Date: Nov 24, 2011
Local Setback Ordinances for Mining Not Preempted by Surface Mining Act: Analysis of Hoffman Mining Co. v. Adams Township Introduction In Hoffman Mining Company, Inc. v. Zoning Hearing Board of Adams...
Limits on Contempt Sanctions Against Township Supervisors: Commonwealth v. Cromwell Township

Limits on Contempt Sanctions Against Township Supervisors: Commonwealth v. Cromwell Township

Date: Nov 24, 2011
Limits on Contempt Sanctions Against Township Supervisors: Commonwealth v. Cromwell Township Introduction Commonwealth of Pennsylvania v. Cromwell Township, Huntingdon County (32 A.3d 639) is a...
Infamous Crimes and Eligibility for Public Office: Commonwealth v. Rambler

Infamous Crimes and Eligibility for Public Office: Commonwealth v. Rambler

Date: Nov 24, 2011
Infamous Crimes and Eligibility for Public Office: Commonwealth v. Rambler Introduction The case of Commonwealth of Pennsylvania ex rel. Thomas Kearney III v. Stephen D. Rambler, 32 A.3d 658 (2011),...
Negligent Spoliation of Evidence Unrecognized as Cause of Action in Pennsylvania

Negligent Spoliation of Evidence Unrecognized as Cause of Action in Pennsylvania

Date: Nov 24, 2011
Negligent Spoliation of Evidence Unrecognized as Cause of Action in Pennsylvania Introduction In the landmark case of Dawn A. Pyeritz, Administratrix of the Estate of Daniel E. Pyeritz, Deceased, et...
Reaffirming Clear and Convincing Evidence Standard in Terminating Parental Rights under 23 Pa.C.S. §2511(a)(2)

Reaffirming Clear and Convincing Evidence Standard in Terminating Parental Rights under 23 Pa.C.S. §2511(a)(2)

Date: Nov 15, 2011
Reaffirming Clear and Convincing Evidence Standard in Terminating Parental Rights under 23 Pa.C.S. §2511(a)(2) Introduction The case of R.H. (Appellant) versus Department of Human Services (Appellee)...
Affirmation of Dismissal in Commonwealth of Pennsylvania v. Chmiel: A Landmark Decision on Post-Conviction Relief and Forensic Evidence

Affirmation of Dismissal in Commonwealth of Pennsylvania v. Chmiel: A Landmark Decision on Post-Conviction Relief and Forensic Evidence

Date: Nov 10, 2011
Affirmation of Dismissal in Commonwealth of Pennsylvania v. Chmiel: A Landmark Decision on Post-Conviction Relief and Forensic Evidence Introduction The case of Commonwealth of Pennsylvania v. David...
Expanded Interpretation of Ethnic Intimidation Under 18 Pa.C.S. § 2710: COMMONWEALTH v. SINNOTT

Expanded Interpretation of Ethnic Intimidation Under 18 Pa.C.S. § 2710: COMMONWEALTH v. SINNOTT

Date: Nov 3, 2011
Expanded Interpretation of Ethnic Intimidation Under 18 Pa.C.S. § 2710: COMMONWEALTH v. SINNOTT Introduction Case: Commonwealth of Pennsylvania v. Daniel Sinnott, 30 A.3d 1105 (Supreme Court of...
Affirmation of Strict Standards for Ineffective Assistance of Counsel Under Pennsylvania's Post Conviction Relief Act: Commonwealth v. Hanible

Affirmation of Strict Standards for Ineffective Assistance of Counsel Under Pennsylvania's Post Conviction Relief Act: Commonwealth v. Hanible

Date: Oct 20, 2011
Affirmation of Strict Standards for Ineffective Assistance of Counsel Under Pennsylvania's Post Conviction Relief Act: Commonwealth v. Hanible Introduction Commonwealth of Pennsylvania v. Hanible, 30...
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