Pennsylvania Case Commentaries

Retroactive Application of Unconstitutional Legislative Delegation in Workers' Compensation Law: Dana Holding Corporation v. Workers' Compensation Appeal Board

Date: Jun 17, 2020

Retroactive Application of Unconstitutional Legislative Delegation in Workers' Compensation Law Dana Holding Corporation v. Workers' Compensation Appeal Board (232 A.3d 629) Supreme Court of...

Void Ab Initio Doctrine Reinforced in Commonwealth v. McIntyre

Date: Jun 17, 2020

Void Ab Initio Doctrine Reinforced in Commonwealth v. McIntyre Introduction Commonwealth of Pennsylvania v. Jerome McIntyre (2020) is a landmark decision by the Supreme Court of Pennsylvania Eastern...

Balancing Transparency and Public Safety: A Landmark Decision in RTKL Compliance

Date: Jun 17, 2020

Balancing Transparency and Public Safety: A Landmark Decision in RTKL Compliance Introduction In the case of American Civil Liberties Union of Pennsylvania v. Pennsylvania State Police (232 A.3d...

Pennsylvania Supreme Court Establishes Heightened Rational Basis for Occupational Licensing Challenges under Article I, Section 1

Date: May 20, 2020

Pennsylvania Supreme Court Establishes Heightened Rational Basis for Occupational Licensing Challenges under Article I, Section 1 Introduction In the landmark case of Sara Ladd, Samantha Harris, and...

Expansion of Double Jeopardy Protections: Reckless Prosecutorial Conduct Now Bars Retrial in Pennsylvania

Date: May 20, 2020

Expansion of Double Jeopardy Protections: Reckless Prosecutorial Conduct Now Bars Retrial in Pennsylvania Introduction The case of Commonwealth of Pennsylvania v. Kareem Johnson addresses the scope...

Extension of Statewide Judicial Emergency in Pennsylvania Amid COVID-19 Pandemic

Date: Apr 29, 2020

Extension of Statewide Judicial Emergency in Pennsylvania Amid COVID-19 Pandemic Introduction The Pennsylvania Supreme Court, through its Per Curiam opinion dated April 28, 2020, addressed the...

Clarifying "Customarily Engaged": Pennsylvania Supreme Court Defines Employment Status for Unemployment Compensation

Date: Apr 23, 2020

Clarifying "Customarily Engaged": Pennsylvania Supreme Court Defines Employment Status for Unemployment Compensation Introduction The case of A Special Touch v. Commonwealth of Pennsylvania addresses...

Pennsylvania Supreme Court Establishes Statewide Judicial Emergency Measures Amid COVID-19 Pandemic

Date: Mar 19, 2020

Pennsylvania Supreme Court Establishes Statewide Judicial Emergency Measures Amid COVID-19 Pandemic Introduction In response to the rapidly escalating COVID-19 pandemic, the Supreme Court of...

Rescission of Parole Credit: Otto Young v. Pennsylvania Board of Probation and Parole

Date: Feb 20, 2020

Rescission of Parole Credit: Otto Young v. Pennsylvania Board of Probation and Parole Introduction The case of Otto Young v. Pennsylvania Board of Probation and Parole, decided by the Supreme Court...

Supreme Court of Pennsylvania Reinforces Rule of Capture Amid Hydraulic Fracturing Dispute

Date: Jan 23, 2020

Supreme Court of Pennsylvania Reinforces Rule of Capture Amid Hydraulic Fracturing Dispute Introduction In the landmark case of ADAM BRIGGS, PAULA BRIGGS, HIS WIFE, JOSHUA BRIGGS AND SARAH H. BRIGGS,...

Parrish v. Commonwealth: Establishing Standards for Effective Rule 1925(b) Statements and Counsel Adequacy

Date: Jan 23, 2020

Parrish v. Commonwealth: Establishing Standards for Effective Rule 1925(b) Statements and Counsel Adequacy Introduction In the landmark case Commonwealth of Pennsylvania v. Michael John Parrish, 224...

Foregone Conclusion Exception in Compelled Password Disclosure: An Analysis of Commonwealth v. Davis

Date: Nov 21, 2019

Foregone Conclusion Exception in Compelled Password Disclosure: An Analysis of Commonwealth v. Davis Introduction In the landmark case of Commonwealth of Pennsylvania v. Joseph J. Davis (220 A.3d...

Jurisdictional Boundaries under the Landlord and Tenant Act: Absence of Landlord-Tenant Relationship Restricts MDJ Jurisdiction

Date: Nov 21, 2019

Jurisdictional Boundaries under the Landlord and Tenant Act: Absence of Landlord-Tenant Relationship Restricts MDJ Jurisdiction Introduction Case: Nissim Assouline, Appellee v. Jacqueline Reynolds...

Negligence Apportionment in Comparative Fault: Grove v. Port Authority of Allegheny County

Date: Nov 1, 2019

Negligence Apportionment in Comparative Fault: Grove v. Port Authority of Allegheny County Introduction Grove v. Port Authority of Allegheny County, 218 A.3d 877 (Pa. 2019), is a pivotal case...

Preemption of Local Nutrient Management Regulations under the Pennsylvania Nutrient Management Act

Date: Sep 27, 2019

Preemption of Local Nutrient Management Regulations under the Pennsylvania Nutrient Management Act Introduction The case of Russell Berner et al. v. Montour Township Zoning Hearing Board and Scott...

Limits on Enforceability of Waivers for Gross Negligence in Collegiate Athletics: The Lackawanna College Case

Date: Aug 21, 2019

Limits on Enforceability of Waivers for Gross Negligence in Collegiate Athletics: The Lackawanna College Case Introduction In the landmark case of Augustus Feleccia and Justin T. Resch v. Lackawanna...

Revocation of Probation Requires Specific Conditions Violation: Analysis of Commonwealth v. Foster

Date: Aug 21, 2019

Revocation of Probation Requires Specific Conditions Violation: Analysis of Commonwealth v. Foster Introduction In Commonwealth of Pennsylvania v. Darnell Foster, 214 A.3d 1240 (Pa. 2019), the...

S & H Transport Inc. v. City of York: Business Privilege Tax Exemption for Freight Brokers

Date: Jul 18, 2019

S & H Transport Inc. v. City of York: Business Privilege Tax Exemption for Freight Brokers Introduction The Supreme Court of Pennsylvania Middle District rendered a pivotal decision on July 17, 2019,...

Pennsylvania Supreme Court Establishes Standards for Waiver of Attorney Work Product Doctrine and Attorney-Client Privilege

Date: Jun 19, 2019

Pennsylvania Supreme Court Establishes Standards for Waiver of Attorney Work Product Doctrine and Attorney-Client Privilege in Bousamra v. Excela Health Introduction The Pennsylvania Supreme Court,...

Reaffirming the Terry Doctrine: Pennsylvania Supreme Court Overrules Robinson Rule in Commonwealth v. Hicks

Date: Jun 1, 2019

Reaffirming the Terry Doctrine: Pennsylvania Supreme Court Overrules Robinson Rule in Commonwealth v. Hicks Introduction The Commonwealth of Pennsylvania v. Michael J. Hicks, 208 A.3d 916 (Pa. 2019),...