Pennsylvania Case Commentaries

Establishing Duty of Care in State Negligence Claims Against Fundraising Entities: R.W. and C.W. v. Fundraising Entities

Date: Dec 29, 2005

Establishing Duty of Care in State Negligence Claims Against Fundraising Entities Introduction In the landmark case of R.W. and C.W., Indi v. dually and as the Parents and Natural Guardians of L.W.,...

Interpretation of Section 511.2(1) of the Pennsylvania Workers' Compensation Act: Mandatory Timing Requirements for IRE Requests

Date: Dec 29, 2005

Interpretation of Section 511.2(1) of the Pennsylvania Workers' Compensation Act: Mandatory Timing Requirements for IRE Requests Introduction The case of Gardner v. Workers' Compensation Appeal Board...

Distinguishing Ineffective Assistance of Counsel Claims under Pennsylvania’s Post-Conviction Relief Act

Date: Dec 28, 2005

Distinguishing Ineffective Assistance of Counsel Claims under Pennsylvania’s Post-Conviction Relief Act Introduction In the landmark case of Commonwealth of Pennsylvania v. Ronald Collins, decided on...

Offensive Application of Collateral Estoppel in Disciplinary Proceedings: Analysis of Office of Disciplinary Counsel v. Kiesewetter

Date: Dec 28, 2005

Offensive Application of Collateral Estoppel in Disciplinary Proceedings: Analysis of Office of Disciplinary Counsel v. William B. Kiesewetter, Jr. Introduction The case of Office of Disciplinary...

Reaffirming the Strict Timeliness of PCRA Petitions: COMMONWEALTH v. WHARTON

Date: Nov 29, 2005

Reaffirming the Strict Timeliness of PCRA Petitions: COMMONWEALTH v. WHARTON Introduction Commonwealth of Pennsylvania v. Robert Wharton, 584 Pa. 576 (2005), is a pivotal case adjudicated by the...

MVFRL Section 1714 Bars First-Party Benefit Recovery for Registered but Uninsured Vehicle Owners

Date: Sep 30, 2005

MVFRL Section 1714 Bars First-Party Benefit Recovery for Registered but Uninsured Vehicle Owners Swords v. Harleysville Insurance Companies, 584 Pa. 382 (2005) Introduction The case of Wayne Swords...

Enhancing Protections Against Employer Retaliation: Rothrock v. Rothrock Motor Sales

Date: Sep 29, 2005

Enhancing Protections Against Employer Retaliation: Rothrock v. Rothrock Motor Sales Introduction The case of Theodore C. Rothrock and Douglas Rothrock, Appellees v. Rothrock Motor Sales, Inc.,...

Statutory Construction in Successive Amendments and Predicate Conviction Requirements: Insights from Commonwealth v. Magliocco

Date: Sep 29, 2005

Statutory Construction in Successive Amendments and Predicate Conviction Requirements: Insights from Commonwealth v. Magliocco Introduction Commonwealth of Pennsylvania v. Eric J. Magliocco, decided...

PHILLIPS v. CRICKET LIGHTERS: Clarifying Implied Warranty and Punitive Damages in Product Liability

Date: Sep 29, 2005

PHILLIPS v. CRICKET LIGHTERS: Clarifying Implied Warranty and Punitive Damages in Product Liability Introduction PHILLIPS v. CRICKET LIGHTERS is a landmark case decided by the Supreme Court of...

Affirmation of Dual Prosecution Under Catastrophe Risk Statutes in Commonwealth v. Karetny

Date: Aug 16, 2005

Affirmation of Dual Prosecution Under Catastrophe Risk Statutes in Commonwealth v. Karetny Introduction Case: Commonwealth of Pennsylvania v. Eli Karetny, Michael Asbell Court: Supreme Court of...

Sequential Application of Pennsylvania's Three Strikes Law: Commonwealth v. Shiffler

Date: Jul 23, 2005

Sequential Application of Pennsylvania's Three Strikes Law: Commonwealth v. Shiffler Introduction Commonwealth of Pennsylvania v. Albert S. Shiffler (583 Pa. 478), adjudicated by the Supreme Court of...

Broad Interpretation of 'Collapse' in Insurance Policies: Affirmation in 401 Fourth Street, Inc. v. Investors Insurance Group

Date: Jul 21, 2005

Broad Interpretation of 'Collapse' in Insurance Policies: Affirmation in 401 Fourth Street, Inc. v. Investors Insurance Group Introduction The case 401 Fourth Street, Inc. v. Investors Insurance...

Pennsylvania Supreme Court Establishes Guidelines on Single-Subject Requirement and Severability in Gaming Act

Date: Jun 23, 2005

Pennsylvania Supreme Court Establishes Guidelines on Single-Subject Requirement and Severability in Gaming Act Introduction In Pennsylvanians Against Gambling Expansion Fund, Inc. et al. v....

Applicant Bears Burden of Proving Good Repute in Liquor License Transfers

Date: Jun 21, 2005

Applicant Bears Burden of Proving Good Repute in Liquor License Transfers Introduction The case of Street Road Bar Grille, Inc. v. Pennsylvania Liquor Control Board (583 Pa. 72) is a pivotal decision...

Strict Enforcement of PCRA Waiver Provisions on Ineffective Assistance of Counsel Claims in Commonwealth of Pennsylvania v. Brown

Date: Apr 30, 2005

Strict Enforcement of PCRA Waiver Provisions on Ineffective Assistance of Counsel Claims in Commonwealth of Pennsylvania v. Brown Introduction The case of Commonwealth of Pennsylvania v. Brown (582...

Reversing Mandamus Relief: McCray v. Pennsylvania Department of Corrections

Date: Apr 28, 2005

Reversing Mandamus Relief: McCray v. Pennsylvania Department of Corrections Introduction Michael McCray, an inmate under the Pennsylvania Department of Corrections, initiated a legal challenge...

Amending the Notice of Compensation Payable under Section 413(a): An Analysis of Jeanes Hospital v. Workers' Compensation Appeal Board (Hass)

Date: Apr 15, 2005

Amending the Notice of Compensation Payable under Section 413(a): An Analysis of Jeanes Hospital v. Workers' Compensation Appeal Board (Hass) Introduction The judicial landscape of workers'...

Refining the Statute of Limitations: Discovery Rule and Fraudulent Concealment in Pennsylvania Dental Malpractice Cases

Date: Mar 31, 2005

Refining the Statute of Limitations: Discovery Rule and Fraudulent Concealment in Pennsylvania Dental Malpractice Cases Introduction The Pennsylvania Supreme Court's decision in Fine v. Checcio and...

Affirmation of Accurate AWW Calculations in Successive Workers' Compensation Claims

Date: Mar 31, 2005

Affirmation of Accurate AWW Calculations in Successive Workers' Compensation Claims Introduction In the cases of William Colpetzer v. Workers' Compensation Appeal Board (Standard Steel) and David...

Presumption of Prejudice in Ineffective Assistance of Counsel: Reinstating Direct Appeal Rights Under Rule 1925(b)

Date: Mar 30, 2005

Presumption of Prejudice in Ineffective Assistance of Counsel: Reinstating Direct Appeal Rights Under Rule 1925(b) Introduction The case of Commonwealth of Pennsylvania v. James Halley addresses a...