Pennsylvania Case Commentaries

Establishing Reasonable Suspicion for Vehicle Stops: Commonwealth v. Holmes

Date: Feb 23, 2011

Establishing Reasonable Suspicion for Vehicle Stops: Commonwealth v. Holmes Introduction Commonwealth of Pennsylvania v. Jason Holmes is a pivotal case decided by the Supreme Court of Pennsylvania,...

Restoration of Employer Subrogation Rights for Heart and Lung Act Benefits: OLIVER v. CITY OF PITTSBURGH

Date: Jan 29, 2011

Restoration of Employer Subrogation Rights for Heart and Lung Act Benefits: OLIVER v. CITY OF PITTSBURGH Introduction OLIVER v. CITY OF PITTSBURGH is a landmark decision rendered by the Supreme Court...

Interpretation of Settlement Agreements and Obligatory Payment Terms: LESKO v. FRANKFORD HOSPITAL-BUCKS COUNTY

Date: Jan 20, 2011

Interpretation of Settlement Agreements and Obligatory Payment Terms: LESKO v. FRANKFORD HOSPITAL-BUCKS COUNTY Introduction In the landmark case LESKO v. FRANKFORD HOSPITAL-BUCKS COUNTY, the Supreme...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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...