Pennsylvania Case Commentaries

No Duty to Maintain Automated External Defibrillators for Tennis Clubs: Pennsylvania Supreme Court Decision

Date: Dec 21, 2002

No Duty to Maintain Automated External Defibrillators for Tennis Clubs: Pennsylvania Supreme Court Decision Introduction The case of Jerry Atcovitz and Roslyn Atcovitz, H/W v. Gulph Mills Tennis...

Enhanced Protections for Freedom of Expression under Pennsylvania's Constitution in PAP'S A.M. v. CITY OF ERIE

Date: Dec 20, 2002

Enhanced Protections for Freedom of Expression under Pennsylvania's Constitution in PAP'S A.M. v. CITY OF ERIE Introduction PAP'S A.M. T/D/B/A KANDYLAND, Appellant v. THE CITY OF ERIE et al. is a...

Mouzon v. Commonwealth: Expanding Appellate Review of Sentencing Excessiveness in Pennsylvania

Date: Dec 20, 2002

Mouzon v. Commonwealth: Expanding Appellate Review of Sentencing Excessiveness in Pennsylvania Introduction Commonwealth of Pennsylvania v. Jerome Mouzon is a landmark decision by the Supreme Court...

Supreme Court of Pennsylvania Establishes Exclusion of Oil and Gas Interests from Real Estate Taxation Without Explicit Statutory Authority

Date: Dec 20, 2002

Supreme Court of Pennsylvania Establishes Exclusion of Oil and Gas Interests from Real Estate Taxation Without Explicit Statutory Authority Introduction The case of Independent Oil and Gas...

Automatic Waiver of Appellate Issues Under Rule 1925: Analysis of COMMONWEALTH v. BUTLER

Date: Dec 20, 2002

Automatic Waiver of Appellate Issues Under Rule 1925: Analysis of COMMONWEALTH v. BUTLER Introduction Commonwealth of Pennsylvania v. Albert Butler is a pivotal case decided by the Supreme Court of...

Retroactivity of Constitutional Amendments Under Pennsylvania's Post Conviction Relief Act: COMMONWEALTH v. ABDUL-SALAAM

Date: Dec 14, 2002

Retroactivity of Constitutional Amendments Under Pennsylvania's Post Conviction Relief Act: COMMONWEALTH v. ABDUL-SALAAM Introduction In the landmark case Commonwealth of Pennsylvania v. Seifullah...

Reaffirmation of Capricious Disregard Standard in Workers' Compensation Appeal Review

Date: Dec 11, 2002

Reaffirmation of Capricious Disregard Standard in Workers' Compensation Appeal Review Introduction The case of Leon E. Wintermyer, Inc. and American General Group v. Workers' Compensation Appeal...

Fraudulent Misrepresentation in Prenuptial Agreements: Porreco v. Porreco

Date: Nov 28, 2002

Fraudulent Misrepresentation in Prenuptial Agreements: Porreco v. Porreco Introduction The case of Louis J. Porreco v. Susan J. Porreco (571 Pa. 61) addresses critical issues surrounding the validity...

Affirmation of PCRA Denial in Commonwealth of Pennsylvania v. Robert Wharton Establishes Strict Compliance in Post Conviction Relief

Date: Nov 26, 2002

Affirmation of PCRA Denial in Commonwealth of Pennsylvania v. Robert Wharton Establishes Strict Compliance in Post Conviction Relief Introduction The case of Commonwealth of Pennsylvania v. Robert...

Affirmation of the Gist of the Action Doctrine: Fraud Claims Barred Within Contractual Relationships

Date: Nov 9, 2002

Affirmation of the Gist of the Action Doctrine: Fraud Claims Barred Within Contractual Relationships Introduction The case of eToll, Inc. v. Elias/Savion Advertising, Inc. addressed critical issues...

Restrictive Covenants Non-Assignable Without Explicit Provision: Hess v. Gebhard Co.

Date: Oct 17, 2002

Restrictive Covenants Non-Assignable Without Explicit Provision: Hess v. Gebhard Co. Introduction In Hess v. Gebhard Co., Inc., and Eugene Hoaster Company, Inc. (570 Pa. 148, decided October 16,...

Rox Coal Co. v. Workers' Compensation Appeal Board: Affirmation of Waiver Rules and Evidentiary Standards in Workers' Compensation Claims

Date: Oct 2, 2002

Rox Coal Co. v. Workers' Compensation Appeal Board: Affirmation of Waiver Rules and Evidentiary Standards in Workers' Compensation Claims Introduction The case of Rox Coal Company v. Workers'...

Commonwealth v. Reid: Upholding Consent Searches and Admissibility of Prior Conduct in Death Penalty Sentencing

Date: Oct 1, 2002

Commonwealth v. Reid: Upholding Consent Searches and Admissibility of Prior Conduct in Death Penalty Sentencing Introduction Commonwealth of Pennsylvania v. Albert E. Reid is a landmark case decided...

Chambers v. Commonwealth: Reinforcing the Importance of Jury Instructions in Capital Sentencing

Date: Sep 27, 2002

Chambers v. Commonwealth: Reinforcing the Importance of Jury Instructions in Capital Sentencing Introduction Chambers v. Commonwealth is a pivotal case decided by the Supreme Court of Pennsylvania in...

Affirmation of Death Penalty in Commonwealth v. Drumheller: Analysis of Aggravating Circumstances and Evidentiary Admissibility

Date: Sep 21, 2002

Affirmation of Death Penalty in Commonwealth v. Drumheller: Analysis of Aggravating Circumstances and Evidentiary Admissibility Introduction Commonwealth of Pennsylvania v. Troy G. Drumheller is a...

COMMONWEALTH v. BOND: Reinforcing PCRA Limitations on Waived and Previously Litigated Claims

Date: Aug 24, 2002

COMMONWEALTH v. BOND: Reinforcing PCRA Limitations on Waived and Previously Litigated Claims Introduction Commonwealth of Pennsylvania v. Jesse Bond (572 Pa. 588, 2002) is a seminal decision by the...

Strict Enforcement of Rule 227.1 in Preserving Appellate Rights

Date: Aug 22, 2002

Strict Enforcement of Rule 227.1 in Preserving Appellate Rights Introduction The case Mary Chalkey, a/k/a Mary Matula v. Franklin Delano Roush, Jr. (569 Pa. 462) adjudicated by the Supreme Court of...

Limits of Planning Commission Authority in Master Plan Modifications: Bailey v. Zoning Board of Adjustment

Date: Jul 18, 2002

Limits of Planning Commission Authority in Master Plan Modifications: Bailey v. Zoning Board of Adjustment Introduction The case of Bailey, Wynn, Walker, and Metz v. Zoning Board of Adjustment of the...

Supreme Court Upholds 'Regularly Used, Non-Owned Car' Exclusion in UIM Policies, Affirming Cost Containment Public Policy

Date: Jul 18, 2002

Supreme Court Upholds 'Regularly Used, Non-Owned Car' Exclusion in Underinsured Motorist (UIM) Policies, Affirming Cost Containment Public Policy Introduction The case of Sid Burstein and Doreen...

Exigent Circumstances in Warrantless Vehicle Searches: An Analysis of Commonwealth v. Perry

Date: Jun 4, 2002

Exigent Circumstances in Warrantless Vehicle Searches: An Analysis of Commonwealth v. Perry Introduction In the landmark case of Commonwealth of Pennsylvania v. Shawney Perry, decided on June 3,...

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