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  • Commentaries
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Pennsylvania Case Commentaries

Machipongo Land and Coal Co. v. Commonwealth: Refining Regulatory Takings Doctrine and Property Denominator Analysis

Machipongo Land and Coal Co. v. Commonwealth: Refining Regulatory Takings Doctrine and Property Denominator Analysis

Date: May 31, 2002
Machipongo Land and Coal Co. v. Commonwealth: Refining Regulatory Takings Doctrine and Property Denominator Analysis Introduction Machipongo Land and Coal Company, Inc. and the Victor E. Erickson...
Reaffirming Jurisdictional Boundaries: Termination of Parental Rights in Orphans' Court

Reaffirming Jurisdictional Boundaries: Termination of Parental Rights in Orphans' Court

Date: Apr 11, 2002
Reaffirming Jurisdictional Boundaries: Termination of Parental Rights in Orphans' Court Introduction The case of In the Interest of A.L.D., Jr. serves as a pivotal examination of the procedural and...
Strict Adherence to Statutory Waiver in Post Conviction Relief: Insights from COMMONWEALTH v. BRACEY

Strict Adherence to Statutory Waiver in Post Conviction Relief: Insights from COMMONWEALTH v. BRACEY

Date: Jan 1, 2002
Strict Adherence to Statutory Waiver in Post Conviction Relief: Insights from COMMONWEALTH v. BRACEY Introduction Commonwealth of Pennsylvania v. Edward Bracey (568 Pa. 264) is a significant decision...
Insurer's Bad Faith Refusal to Settle Breaches Fiduciary Duty: Liability for Compensatory Damages Affirmed

Insurer's Bad Faith Refusal to Settle Breaches Fiduciary Duty: Liability for Compensatory Damages Affirmed

Date: Jan 1, 2002
Insurer's Bad Faith Refusal to Settle Breaches Fiduciary Duty: Liability for Compensatory Damages Affirmed Introduction In the landmark case of The Birth Center v. The St. Paul Companies, Inc., the...
Affirmation of In Loco Parentis Doctrine for Third-Party Custody Standing in T.B. v. L.R.M.

Affirmation of In Loco Parentis Doctrine for Third-Party Custody Standing in T.B. v. L.R.M.

Date: Dec 29, 2001
Affirmation of In Loco Parentis Doctrine for Third-Party Custody Standing in T.B. v. L.R.M. Introduction The case of T.B., Appellee v. L.R.M., Appellant (567 Pa. 222), adjudicated by the Supreme...
Affirmation of Denial in Post-Conviction Relief: Commonwealth v. Michael Pierce

Affirmation of Denial in Post-Conviction Relief: Commonwealth v. Michael Pierce

Date: Dec 22, 2001
Affirmation of Denial in Post-Conviction Relief: Commonwealth v. Michael Pierce Introduction Commonwealth of Pennsylvania v. Michael Pierce, 567 Pa. 186, is a pivotal case decided by the Supreme...
Williams v. Commonwealth: Establishing Rigorous Standards for Post-Conviction Relief and Counsel Effectiveness in Capital Cases

Williams v. Commonwealth: Establishing Rigorous Standards for Post-Conviction Relief and Counsel Effectiveness in Capital Cases

Date: Oct 20, 2001
Williams v. Commonwealth: Establishing Rigorous Standards for Post-Conviction Relief and Counsel Effectiveness in Capital Cases Introduction Commonwealth of Pennsylvania v. Craig Williams stands as a...
Regulatory Estoppel and the Interpretation of "Sudden and Accidental" in Insurance Policies: Sunbeam Corp. v. Liberty Mutual Insurance Co.

Regulatory Estoppel and the Interpretation of "Sudden and Accidental" in Insurance Policies: Sunbeam Corp. v. Liberty Mutual Insurance Co.

Date: Oct 20, 2001
Regulatory Estoppel and the Interpretation of "Sudden and Accidental" in Insurance Policies: Sunbeam Corp. v. Liberty Mutual Insurance Co. Introduction In the landmark case Sunbeam Corporation et al....
Expansion of Reasonable Suspicion: Pennsylvania Supreme Court Aligns with ILLINOIS v. WARDLOW

Expansion of Reasonable Suspicion: Pennsylvania Supreme Court Aligns with ILLINOIS v. WARDLOW

Date: Oct 19, 2001
Expansion of Reasonable Suspicion: Pennsylvania Supreme Court Aligns with ILLINOIS v. WARDLOW Introduction The case of IN THE INTEREST OF D.M., Appeal of: D.M. (566 Pa. 445) adjudicated by the...
Clarifying Prosecutors' Brady Obligations and Appropriate Remedies for Discovery Violations: Commonwealth v. Burke

Clarifying Prosecutors' Brady Obligations and Appropriate Remedies for Discovery Violations: Commonwealth v. Burke

Date: Oct 18, 2001
Clarifying Prosecutors' Brady Obligations and Appropriate Remedies for Discovery Violations: Commonwealth v. Burke Introduction Commonwealth of Pennsylvania v. Donald Scott Burke is a seminal case...
Strict Adherence to Appeal Deadlines: Supreme Court of Pennsylvania Reverses Superior Court Decision

Strict Adherence to Appeal Deadlines: Supreme Court of Pennsylvania Reverses Superior Court Decision

Date: Oct 18, 2001
Strict Adherence to Appeal Deadlines: Supreme Court of Pennsylvania Reverses Superior Court Decision Introduction The case of Mark A. Criss and Kathryn J. Stevenson v. Sharon Marie Wise (566 Pa. 437)...
Interpretation of "Subject To" in PFA Orders: Commonwealth v. Stallworth

Interpretation of "Subject To" in PFA Orders: Commonwealth v. Stallworth

Date: Oct 5, 2001
Interpretation of "Subject To" in PFA Orders: Commonwealth v. Stallworth Introduction Commonwealth of Pennsylvania v. Leroy Stallworth is a noteworthy case adjudicated by the Supreme Court of...
Retroactive Application of Racial Jury Selection Claims in PCRA Denied

Retroactive Application of Racial Jury Selection Claims in PCRA Denied

Date: Sep 27, 2001
Retroactive Application of Racial Jury Selection Claims in PCRA Denied Introduction The case Commonwealth of Pennsylvania v. William Tilley (566 Pa. 312) serves as a pivotal decision in...
A Comprehensive Commentary on Commonwealth v. Breakiron: Upholding the One-Year Filing Deadline in Post-Conviction Relief

A Comprehensive Commentary on Commonwealth v. Breakiron: Upholding the One-Year Filing Deadline in Post-Conviction Relief

Date: Sep 27, 2001
Affirmation of Untimely PCRA Petition Denial Reinforces One-Year Filing Deadline in Post-Conviction Relief Introduction Commonwealth of Pennsylvania v. Mark Breakiron is a pivotal case decided by the...
Clarifying 'Separate and Legitimate' in Pennsylvania's Whistleblower Law: O’Rourke v. Commonwealth of Pennsylvania

Clarifying 'Separate and Legitimate' in Pennsylvania's Whistleblower Law: O’Rourke v. Commonwealth of Pennsylvania

Date: Aug 22, 2001
Clarifying 'Separate and Legitimate' in Pennsylvania's Whistleblower Law: O’Rourke v. Commonwealth of Pennsylvania Introduction The case of William H. O'Rourke v. Commonwealth of Pennsylvania...
Supreme Court of Pennsylvania Sets Standards for Class Certification under UTPCPL: Emphasizing Individual Reliance and Causation

Supreme Court of Pennsylvania Sets Standards for Class Certification under UTPCPL: Emphasizing Individual Reliance and Causation

Date: Jul 27, 2001
Supreme Court of Pennsylvania Sets Standards for Class Certification under UTPCPL: Emphasizing Individual Reliance and Causation Introduction The case of Frederic Weinberg, Sheilah Guarino, and Marc...
Tenure Termination Review Standard in Murphy v. Duquesne University

Tenure Termination Review Standard in Murphy v. Duquesne University

Date: Jul 18, 2001
Tenure Termination Review Standard in Murphy v. Duquesne University Introduction Cornelius F. Murphy, Jr. v. Duquesne University of the Holy Ghost is a significant case decided by the Supreme Court...
Reinstatement Denied: Upholding Legal Integrity in the Perrone Case

Reinstatement Denied: Upholding Legal Integrity in the Perrone Case

Date: Jul 18, 2001
Reinstatement Denied: Upholding Legal Integrity in the Perrone Case Introduction The Disciplinary Docket in the Matter of William James Perrone Petitioner for Reinstatement is a landmark decision...
Limitations on Municipal Authority to Impose Development Moratoriums under the Pennsylvania Municipalities Planning Code

Limitations on Municipal Authority to Impose Development Moratoriums under the Pennsylvania Municipalities Planning Code

Date: Jun 21, 2001
Limitations on Municipal Authority to Impose Development Moratoriums under the Pennsylvania Municipalities Planning Code Introduction The case of Irvin S. Naylor, Harry H. Fox, Jr., and Valley Acres,...
Establishing the Discovery Rule's Role in Workers' Compensation Notice Periods: Sell v. Workers' Compensation Appeal Board

Establishing the Discovery Rule's Role in Workers' Compensation Notice Periods: Sell v. Workers' Compensation Appeal Board

Date: May 23, 2001
Establishing the Discovery Rule's Role in Workers' Compensation Notice Periods: Sell v. Workers' Compensation Appeal Board Introduction The case of Joan Sell v. Workers' Compensation Appeal Board...
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