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  • Commentaries
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Pennsylvania Case Commentaries

Establishing the Standards for Willful Misconduct in Unemployment Compensation Claims: Walsh v. Unemployment Compensation Board of Review

Establishing the Standards for Willful Misconduct in Unemployment Compensation Claims: Walsh v. Unemployment Compensation Board of Review

Date: Feb 21, 2008
Establishing the Standards for Willful Misconduct in Unemployment Compensation Claims: Walsh v. Unemployment Compensation Board of Review Introduction Donald C. Walsh, the petitioner, sought to...
Effective Assistance of Counsel in Capital Sentencing: Insights from Commonwealth of Pennsylvania v. Willie Cooper

Effective Assistance of Counsel in Capital Sentencing: Insights from Commonwealth of Pennsylvania v. Willie Cooper

Date: Dec 29, 2007
Effective Assistance of Counsel in Capital Sentencing: Insights from Commonwealth of Pennsylvania v. Willie Cooper Introduction Commonwealth of Pennsylvania v. Willie Cooper, 596 Pa. 119 (2007),...
Admissibility of Victim's Out-of-Court Statements in Capital Cases: Commonwealth of Pennsylvania v. Mikal Moore

Admissibility of Victim's Out-of-Court Statements in Capital Cases: Commonwealth of Pennsylvania v. Mikal Moore

Date: Dec 29, 2007
Admissibility of Victim's Out-of-Court Statements in Capital Cases: Commonwealth of Pennsylvania v. Mikal Moore Introduction In the landmark case Commonwealth of Pennsylvania v. Mikal Moore, the...
Enhancing the Frequency, Regularity, Proximity Test in Asbestos Product Liability: Insights from Gregg v. V-J Auto Parts Company

Enhancing the Frequency, Regularity, Proximity Test in Asbestos Product Liability: Insights from Gregg v. V-J Auto Parts Company

Date: Dec 29, 2007
Enhancing the Frequency, Regularity, Proximity Test in Asbestos Product Liability: Insights from Gregg v. V-J Auto Parts Company Introduction Gregg v. V-J Auto Parts Company (596 Pa. 274) is a...
Affirmation of Home Rule: Pennsylvania Supreme Court Upholds Local Campaign Finance Regulations in NUTTER v. DOUGHERTY

Affirmation of Home Rule: Pennsylvania Supreme Court Upholds Local Campaign Finance Regulations in NUTTER v. DOUGHERTY

Date: Dec 29, 2007
Affirmation of Home Rule: Pennsylvania Supreme Court Upholds Local Campaign Finance Regulations in NUTTER v. DOUGHERTY Introduction The landmark case of Michael A. Nutter v. John Dougherty, Dwight...
Clarifying Ineffective Assistance of Counsel under Pennsylvania's PCRA: Commonwealth of Pennsylvania v. Natividad

Clarifying Ineffective Assistance of Counsel under Pennsylvania's PCRA: Commonwealth of Pennsylvania v. Natividad

Date: Dec 28, 2007
Clarifying Ineffective Assistance of Counsel under Pennsylvania's PCRA: Commonwealth of Pennsylvania v. Natividad Introduction Commonwealth of Pennsylvania v. Ricardo Natividad is a pivotal case...
Defining "Occurrence" in Insurance Coverage: Pennsylvania Supreme Court Establishes Single Occurrence Standard in Baumhammers Case

Defining "Occurrence" in Insurance Coverage: Pennsylvania Supreme Court Establishes Single Occurrence Standard in Baumhammers Case

Date: Dec 28, 2007
Defining "Occurrence" in Insurance Coverage: Pennsylvania Supreme Court Establishes Single Occurrence Standard in Baumhammers Case Introduction The case of Donegal Mutual Insurance Company v. Richard...
Supreme Court of Pennsylvania Establishes Public Policy Exception in PERA Arbitration Review

Supreme Court of Pennsylvania Establishes Public Policy Exception in PERA Arbitration Review

Date: Dec 28, 2007
Supreme Court of Pennsylvania Establishes Public Policy Exception in PERA Arbitration Review Introduction In the landmark case of Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit...
Commonwealth of Pennsylvania v. West: Reinforcing PCRA's Exclusivity Over Habeas Corpus

Commonwealth of Pennsylvania v. West: Reinforcing PCRA's Exclusivity Over Habeas Corpus

Date: Dec 28, 2007
Commonwealth of Pennsylvania v. West: Reinforcing PCRA's Exclusivity Over Habeas Corpus Introduction In Commonwealth of Pennsylvania v. West, Appellant (595 Pa. 483), the Supreme Court of...
Prospective Application of Statutory Interpretation in Tax Refunds: OZ GAS, LTD. v. WARREN AREA SCHOOL DISTrict

Prospective Application of Statutory Interpretation in Tax Refunds: OZ GAS, LTD. v. WARREN AREA SCHOOL DISTrict

Date: Dec 28, 2007
Prospective Application of Statutory Interpretation in Tax Refunds: OZ GAS, LTD. v. WARREN AREA SCHOOL DISTrict Introduction OZ GAS, LTD. v. WARREN AREA SCHOOL DISTRICT is a pivotal case decided by...
Commonwealth of Pennsylvania v. Hernandez: Defining Exigent Circumstances Based on Potential Danger in Warrantless Vehicle Searches

Commonwealth of Pennsylvania v. Hernandez: Defining Exigent Circumstances Based on Potential Danger in Warrantless Vehicle Searches

Date: Nov 22, 2007
Commonwealth of Pennsylvania v. Hernandez: Defining Exigent Circumstances Based on Potential Danger in Warrantless Vehicle Searches Introduction In Commonwealth of Pennsylvania v. Hernandez (594 Pa....
Clerk of Courts Lacks Standing Under CHRIA: Pennsylvania Supreme Court Upholds Administrative Order on Record Sealing

Clerk of Courts Lacks Standing Under CHRIA: Pennsylvania Supreme Court Upholds Administrative Order on Record Sealing

Date: Nov 21, 2007
Clerk of Courts Lacks Standing Under CHRIA: Pennsylvania Supreme Court Upholds Administrative Order on Record Sealing Introduction The Supreme Court of Pennsylvania rendered a pivotal decision in the...
Commonwealth v. Davidson: Upholding the Constitutionality of Section 6312(d) and Allowing Multiple Counts for Child Pornography Possession

Commonwealth v. Davidson: Upholding the Constitutionality of Section 6312(d) and Allowing Multiple Counts for Child Pornography Possession

Date: Nov 21, 2007
Commonwealth v. Davidson: Upholding the Constitutionality of Section 6312(d) and Allowing Multiple Counts for Child Pornography Possession Introduction In Commonwealth v. Davidson (595 Pa. 1, 2007),...
Reaffirming the Proper Standard of Review for Sufficiency of Evidence in Criminal Appeals: Commonwealth v. Ratsamy

Reaffirming the Proper Standard of Review for Sufficiency of Evidence in Criminal Appeals: Commonwealth v. Ratsamy

Date: Nov 21, 2007
Reaffirming the Proper Standard of Review for Sufficiency of Evidence in Criminal Appeals: Commonwealth v. Ratsamy Introduction Commonwealth of Pennsylvania v. Robert Ratsamy is a pivotal 2007...
Schwartz v. Rockey: Defining Election of Remedies and Treble Damages in Fraudulent Real Estate Transactions

Schwartz v. Rockey: Defining Election of Remedies and Treble Damages in Fraudulent Real Estate Transactions

Date: Oct 18, 2007
Schwartz v. Rockey: Defining Election of Remedies and Treble Damages in Fraudulent Real Estate Transactions Introduction Schwartz v. Rockey, decided by the Supreme Court of Pennsylvania on October...
Supreme Court of Pennsylvania Establishes Precedence for Section 513 Applicability in Construction Contracts

Supreme Court of Pennsylvania Establishes Precedence for Section 513 Applicability in Construction Contracts

Date: Oct 18, 2007
Supreme Court of Pennsylvania Establishes Precedence for Section 513 Applicability in Construction Contracts Introduction In the landmark case of Pennsylvania Associated Builders and Contractors,...
Comprehensive Commentary on Commonwealth of Pennsylvania v. Rega: Affirmation of Death Sentence and Examination of Procedural Safeguards

Comprehensive Commentary on Commonwealth of Pennsylvania v. Rega: Affirmation of Death Sentence and Examination of Procedural Safeguards

Date: Oct 18, 2007
Comprehensive Commentary on Commonwealth of Pennsylvania v. Rega: Affirmation of Death Sentence and Examination of Procedural Safeguards Introduction Commonwealth of Pennsylvania v. Robert Gene Rega,...
Inherent Judicial Authority to Amend Illegal Sentences Beyond Statutory Timeframes: Analysis of Commonwealth v. Holmes and v. Whitfield

Inherent Judicial Authority to Amend Illegal Sentences Beyond Statutory Timeframes: Analysis of Commonwealth v. Holmes and v. Whitfield

Date: Oct 17, 2007
Inherent Judicial Authority to Amend Illegal Sentences Beyond Statutory Timeframes: Analysis of Commonwealth v. Holmes and v. Whitfield Introduction The Commonwealth v. Christopher Holmes and...
Bad Faith Insurance Claims Under 42 Pa.C.S. § 8371 Subject to Two-Year Statute of Limitations

Bad Faith Insurance Claims Under 42 Pa.C.S. § 8371 Subject to Two-Year Statute of Limitations

Date: Oct 12, 2007
Bad Faith Insurance Claims Under 42 Pa.C.S. § 8371 Subject to Two-Year Statute of Limitations Introduction In the landmark case of Brent D. Ash and Kathy Ash v. Continental Insurance Company, decided...
Reinstatement of PCRA Appeal Rights: Commonwealth of Pennsylvania v. Bennett (593 Pa. 382)

Reinstatement of PCRA Appeal Rights: Commonwealth of Pennsylvania v. Bennett (593 Pa. 382)

Date: Aug 24, 2007
Reinstatement of PCRA Appeal Rights: Commonwealth of Pennsylvania v. Bennett (593 Pa. 382) Introduction In the landmark case of Commonwealth of Pennsylvania v. Bennett, decided by the Supreme Court...
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