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  • Commentaries
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Pennsylvania Case Commentaries

Conflict Preemption and Mens Rea: Pennsylvania Supreme Court Limits Local Tobacco Regulations

Conflict Preemption and Mens Rea: Pennsylvania Supreme Court Limits Local Tobacco Regulations

Date: Jan 20, 2011
Conflict Preemption and Mens Rea: Pennsylvania Supreme Court Limits Local Tobacco Regulations Introduction In the landmark decision of Holt's Cigar Company, Inc. et al. v. The City of Philadelphia...
Ineffective Assistance of Counsel and Brady Violations Affirmed in Commonwealth v. James Dennis

Ineffective Assistance of Counsel and Brady Violations Affirmed in Commonwealth v. James Dennis

Date: Jan 19, 2011
Ineffective Assistance of Counsel and Brady Violations Affirmed in Commonwealth v. James Dennis Introduction Commonwealth of Pennsylvania v. James Dennis, 597 Pa. 159, 950 A.2d 945 (2008), is a...
Commonwealth of Pennsylvania v. Ali: Upholding Strickland Standards and Claim Preservation in Post-Conviction Relief

Commonwealth of Pennsylvania v. Ali: Upholding Strickland Standards and Claim Preservation in Post-Conviction Relief

Date: Dec 30, 2010
Commonwealth of Pennsylvania v. Ali: Upholding Strickland Standards and Claim Preservation in Post-Conviction Relief Introduction In the case of Commonwealth of Pennsylvania, Appellee v. Imanuel...
Rejection of the "Guns Follow Drugs" Presumption in Protective Searches: Commonwealth of Pennsylvania v. Lekeyia Grahame

Rejection of the "Guns Follow Drugs" Presumption in Protective Searches: Commonwealth of Pennsylvania v. Lekeyia Grahame

Date: Nov 18, 2010
Rejection of the "Guns Follow Drugs" Presumption in Protective Searches: Commonwealth of Pennsylvania v. Lekeyia Grahame Introduction In the landmark case of Commonwealth of Pennsylvania v. Lekeyia...
Supreme Court of Pennsylvania Affirming Mootness Doctrine in PERA Unfair Labor Practices Charge

Supreme Court of Pennsylvania Affirming Mootness Doctrine in PERA Unfair Labor Practices Charge

Date: Nov 18, 2010
Supreme Court of Pennsylvania Upholds Mootness Doctrine in PERA Unfair Labor Practices Charge Introduction The Supreme Court of Pennsylvania, Middle District, rendered a pivotal decision on November...
Exclusion of Third-Party Agency Employers from Domestic Services Exemption under Pennsylvania's Minimum Wage Act

Exclusion of Third-Party Agency Employers from Domestic Services Exemption under Pennsylvania's Minimum Wage Act

Date: Nov 18, 2010
Exclusion of Third-Party Agency Employers from Domestic Services Exemption under Pennsylvania's Minimum Wage Act Introduction BAYADA NURSES, INC. v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR...
Affirmation of Disability Status Modification Without Proving Earning Power: Diehl v. Workers' Compensation Appeal Board

Affirmation of Disability Status Modification Without Proving Earning Power: Diehl v. Workers' Compensation Appeal Board

Date: Sep 30, 2010
Affirmation of Disability Status Modification Without Proving Earning Power: Diehl v. Workers' Compensation Appeal Board Introduction The case of Timothy Diehl v. Workers' Compensation Appeal Board...
Expanded Scope for Nurse Expert Testimony in Medical Negligence Cases

Expanded Scope for Nurse Expert Testimony in Medical Negligence Cases

Date: Sep 30, 2010
Expanded Scope for Nurse Expert Testimony in Medical Negligence Cases Introduction The case of Rodger A. FREED v. GEISINGER MEDICAL CENTER, adjudicated by the Supreme Court of Pennsylvania, Middle...
Defining Willful Misconduct in Unemployment Compensation: Lanara D. Oliver Case

Defining Willful Misconduct in Unemployment Compensation: Lanara D. Oliver Case

Date: Sep 2, 2010
Defining Willful Misconduct in Unemployment Compensation: Lanara D. Oliver v. Unemployment Compensation Board of Review Introduction The case of Lanara D. Oliver v. Unemployment Compensation Board of...
Affirmation of Ineffective Assistance of Counsel in Commonwealth of Pennsylvania v. Martin

Affirmation of Ineffective Assistance of Counsel in Commonwealth of Pennsylvania v. Martin

Date: Aug 18, 2010
Affirmation of Ineffective Assistance of Counsel in Commonwealth of Pennsylvania v. Martin Introduction In the landmark case of Commonwealth of Pennsylvania v. Bradley Martin, 607 Pa. 165 (2010), the...
Insurer's Duty to Defend and Reimbursement: Pennsylvania Supreme Court Establishes Critical Precedent

Insurer's Duty to Defend and Reimbursement: Pennsylvania Supreme Court Establishes Critical Precedent

Date: Aug 18, 2010
Insurer's Duty to Defend and Reimbursement: Pennsylvania Supreme Court Establishes Critical Precedent Introduction In the landmark case American and Foreign Insurance Company et al. v. Jerry's Sport...
Reversing Burden of Proof in Workers' Compensation Reinstatement: Bufford v. Workers' Compensation Appeal Board

Reversing Burden of Proof in Workers' Compensation Reinstatement: Bufford v. Workers' Compensation Appeal Board

Date: Aug 18, 2010
Reversing Burden of Proof in Workers' Compensation Reinstatement: Bufford v. Workers' Compensation Appeal Board 1. Introduction The Supreme Court of Pennsylvania's decision in Bufford v. Workers'...
Affirmation of Capital Sentence Based on Aggravating Factors in Commonwealth v. Rathwell

Affirmation of Capital Sentence Based on Aggravating Factors in Commonwealth v. Rathwell

Date: Jul 23, 2010
Affirmation of Capital Sentence Based on Aggravating Factors in Commonwealth v. Rathwell Introduction Commonwealth of Pennsylvania v. Brian Rathwell is a significant judicial decision rendered by the...
Reversing Summary Judgment: Establishing Proper Causation Standards in Asbestos Litigation

Reversing Summary Judgment: Establishing Proper Causation Standards in Asbestos Litigation

Date: Jul 22, 2010
Reversing Summary Judgment: Establishing Proper Causation Standards in Asbestos Litigation Introduction The case of Frederick S. and Lynn Summers, H/W, Appellees v. Certainteed Corporation and Union...
Governmental Immunity and Contractual Liability: Insights from McSHEA v. CITY OF PHILADELPHIA

Governmental Immunity and Contractual Liability: Insights from McSHEA v. CITY OF PHILADELPHIA

Date: May 28, 2010
Governmental Immunity and Contractual Liability: Insights from McSHEA v. CITY OF PHILADELPHIA Introduction McSHEA v. CITY OF PHILADELPHIA is a pivotal case adjudicated by the Supreme Court of...
Strict Enforcement of PCRA Timeliness Bar Affirmed in Commonwealth of Pennsylvania v. Albrecht, Sr.

Strict Enforcement of PCRA Timeliness Bar Affirmed in Commonwealth of Pennsylvania v. Albrecht, Sr.

Date: May 28, 2010
Strict Enforcement of PCRA Timeliness Bar Affirmed in Commonwealth of Pennsylvania v. Albrecht, Sr. Introduction The case of Commonwealth of Pennsylvania v. Alfred K. Albrecht, Sr., adjudicated by...
Expansion of Due Process Rights: COMMONWEALTH v. COLAVITA and the Pre-Arrest Right to Counsel

Expansion of Due Process Rights: COMMONWEALTH v. COLAVITA and the Pre-Arrest Right to Counsel

Date: Apr 30, 2010
Expansion of Due Process Rights: COMMONWEALTH v. COLAVITA and the Pre-Arrest Right to Counsel Introduction Commonwealth of Pennsylvania v. Christian Colavita, Appellant (606 Pa. 1), adjudicated by...
Termination of Parental Rights in the Context of Incarceration: In re Z.P.

Termination of Parental Rights in the Context of Incarceration: In re Z.P.

Date: Apr 10, 2010
Termination of Parental Rights in the Context of Incarceration: In re Z.P. Introduction The case of In re Z.P., a Minor Child. Appeal of Lycoming County Children and Youth Services, adjudicated by...
Clarifying 'Related Field of Medicine' Exception under Pennsylvania's MCARE Act: VICARI v. SPIEGEL

Clarifying 'Related Field of Medicine' Exception under Pennsylvania's MCARE Act: VICARI v. SPIEGEL

Date: Mar 26, 2010
Clarifying 'Related Field of Medicine' Exception under Pennsylvania's MCARE Act: VICARI v. SPIEGEL 1. Introduction The case of Joseph Vicari as Administrator of the Estate of Barbara Vicari, Deceased...
Sentencing Discretion and Constitutional Rights: Insights from Commonwealth of Pennsylvania v. Moury

Sentencing Discretion and Constitutional Rights: Insights from Commonwealth of Pennsylvania v. Moury

Date: Mar 25, 2010
Sentencing Discretion and Constitutional Rights: Insights from Commonwealth of Pennsylvania v. Moury Introduction Commonwealth of Pennsylvania v. Clinton Oliver Moury is a pivotal case adjudicated by...
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