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  • Commentaries
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Pennsylvania Case Commentaries

Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination

Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination

Date: Mar 27, 2025
Reinforcing the Clear and Convincing Evidence Standard in Parental Rights Termination Introduction In the consolidated appeals In the Interest of E.J.A., et al. (Nos. 15–24 MAP 2024), the Supreme...
Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies”

Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies”

Date: Mar 21, 2025
Broad Inclusion of Provider-Prescribed Items under Section 306(f.1)(1)(i): Employers’ Duty to Reimburse CBD Oil as “Medicines and Supplies” Introduction Schmidt, M. v. Schmidt, Kirifides & Rassias,...
Limits on Industry-Wide Character Judgments in Video Gaming License Denials

Limits on Industry-Wide Character Judgments in Video Gaming License Denials

Date: Mar 21, 2025
Limits on Industry-Wide Character Judgments in Video Gaming License Denials Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, M. v. Pennsylvania Gaming...
Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing

Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing

Date: Mar 21, 2025
Individualized Character Assessment Mandate in Pennsylvania Video Gaming Licensing Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in Brozzetti, F. v. Pennsylvania...
Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Date: Mar 21, 2025
Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act Introduction This commentary addresses the Pennsylvania Supreme Court’s decision in...
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Date: Mar 21, 2025
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior Introduction In Glover v. Junior, 2025 WL ____ (Pa.), the Supreme Court of Pennsylvania confronted a novel family-law question: when...
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Date: Mar 21, 2025
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability Introduction This commentary examines the Pennsylvania Supreme Court’s decision in Simone v....
Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era

Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era

Date: Mar 21, 2025
Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era I. Introduction This consolidated appeal from the Supreme...
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Date: Mar 21, 2025
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status Introduction Commonwealth v. Foster, decided March 20, 2025 by the Supreme Court of...
Individualized Character Assessment Required in Video Gaming License Decisions

Individualized Character Assessment Required in Video Gaming License Decisions

Date: Mar 21, 2025
Individualized Character Assessment Required in Video Gaming License Decisions Introduction Better Bets Ventures, LLC v. Pennsylvania Gaming Control Board (March 20, 2025) is a landmark Supreme Court...
Disciplinary Precedent: Public Reprimand for Attorney Misconduct Reflecting Lack of Honesty and Trustworthiness

Disciplinary Precedent: Public Reprimand for Attorney Misconduct Reflecting Lack of Honesty and Trustworthiness

Date: Mar 14, 2025
Disciplinary Precedent: Public Reprimand for Attorney Misconduct Reflecting Lack of Honesty and Trustworthiness Introduction The Judgment in the matter of Office of Disciplinary Counsel v. Douglas...
Emphasizing Accountability Through Public Reprimand: A New Precedent in Lawyer Discipline for Assault Convictions

Emphasizing Accountability Through Public Reprimand: A New Precedent in Lawyer Discipline for Assault Convictions

Date: Mar 14, 2025
Emphasizing Accountability Through Public Reprimand: A New Precedent in Lawyer Discipline for Assault Convictions Introduction The case of Office of Disciplinary Counsel v. Paul M. Schofield, Jr.,...
New Precedent: Prospective Application of Act 53 in Medical License Reinstatement Proceedings

New Precedent: Prospective Application of Act 53 in Medical License Reinstatement Proceedings

Date: Mar 14, 2025
New Precedent: Prospective Application of Act 53 in Medical License Reinstatement Proceedings Introduction This commentary examines the recent Supreme Court of Pennsylvania decision in Omar Almusa,...
Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent

Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent

Date: Mar 13, 2025
Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent Introduction In this landmark decision, the Supreme Court of Pennsylvania addressed a complex...
Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering

Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering

Date: Feb 23, 2025
Reaffirming the Prima Facie Standard: New Precedents in Unsworn Falsification and Evidence Tampering Introduction The case of Commonwealth of Pennsylvania v. Nathaniel Williams represents a...
No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims

No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims

Date: Feb 23, 2025
No Equitable Exception: Upholding the PCRA's Jurisdictional Time-Bar Against IAC and Treaty Claims Introduction The present Judgment in Commonwealth of Pennsylvania v. Richard Roland Laird, decided...
Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g))

Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g))

Date: Feb 22, 2025
Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g)) Introduction In...
New Precedent on Attorney Disciplinary Standards: Affirming a Clear and Convincing Burden and Limiting Offensive Collateral Estoppel

New Precedent on Attorney Disciplinary Standards: Affirming a Clear and Convincing Burden and Limiting Offensive Collateral Estoppel

Date: Feb 13, 2025
New Precedent on Attorney Disciplinary Standards: Affirming a Clear and Convincing Burden and Limiting Offensive Collateral Estoppel Introduction The recent Supreme Court of Pennsylvania decision in...
Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221

Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221

Date: Feb 11, 2025
Designation of Platinum Leader Banks for Fiduciary Accounts Under Pa.R.D.E. 221 Introduction The Supreme Court of Pennsylvania issued a pivotal judgment on February 6, 2025, titled "IN RE: FINANCIAL...
Calabrese v. Office of Disciplinary Counsel: Five-Year Suspension Balancing Misconduct and Rehabilitation

Calabrese v. Office of Disciplinary Counsel: Five-Year Suspension Balancing Misconduct and Rehabilitation

Date: Feb 8, 2025
Calabrese v. Office of Disciplinary Counsel: Five-Year Suspension Balancing Misconduct and Rehabilitation Introduction In the landmark case Office of Disciplinary Counsel v. Tancredi William...
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