Pennsylvania Case Commentaries

Exclusion of Prior Part-Time Employment in Wage Calculations: Supreme Court of Pennsylvania's Landmark Decision

Date: Oct 23, 2003

Exclusion of Prior Part-Time Employment in Wage Calculations: Supreme Court of Pennsylvania's Landmark Decision Introduction In the landmark case of Hannaberry HVAC and Donegal Mutual Insurance...

Affirmation of PCRA Timeliness Requirements in Commonwealth v. Abu-Jamal

Date: Oct 9, 2003

Affirmation of PCRA Timeliness Requirements in Commonwealth v. Abu-Jamal Introduction The Supreme Court of Pennsylvania, Eastern District, rendered a significant decision in the case of Commonwealth...

Clarification on Layered Ineffective Assistance of Counsel Claims under PCRA

Date: Sep 30, 2003

Clarification on Layered Ineffective Assistance of Counsel Claims under PCRA Introduction The case of Commonwealth of Pennsylvania v. Bernard McGill serves as a pivotal point in Pennsylvania's legal...

Megan's Law II: Pennsylvania Supreme Court Upholds Non-Punitive Registration and Notification Provisions While Striking Down Punitive Penalties

Date: Sep 26, 2003

Megan's Law II: Pennsylvania Supreme Court Upholds Non-Punitive Registration and Notification Provisions While Striking Down Punitive Penalties Introduction In Commonwealth of Pennsylvania v. Gomer...

Recognition of Taint in Competency Hearings for Child Witnesses in Sexual Abuse Cases

Date: Sep 26, 2003

Recognition of Taint in Competency Hearings for Child Witnesses in Sexual Abuse Cases Introduction COMMONWEALTH OF PENNSYLVANIA v. GERALD JOHN DELBRIDGE, 578 Pa. 641 (2003), presents a pivotal...

Commonwealth v. Champney: Affirmation of Sufficiency of Evidence and Procedural Standards in Death Penalty Sentencing

Date: Sep 25, 2003

Commonwealth v. Champney: Affirmation of Sufficiency of Evidence and Procedural Standards in Death Penalty Sentencing Introduction Commonwealth of Pennsylvania v. Ronald Grant Champney (574 Pa. 435)...

Pennsylvania Supreme Court Reinforces Restrictions on Defendant’s Use of Character Evidence for Truthfulness in Commonwealth v. Fulton

Date: Aug 20, 2003

Pennsylvania Supreme Court Reinforces Restrictions on Defendant’s Use of Character Evidence for Truthfulness in Commonwealth v. Fulton Introduction In the landmark case Commonwealth of Pennsylvania...

Enhanced Reasoned Decision Standards in Workers' Compensation: Wayne Daniels v. WCAB

Date: Jul 23, 2003

Enhanced Reasoned Decision Standards in Workers' Compensation: Wayne Daniels v. WCAB Introduction Wayne Daniels v. Workers' Compensation Appeal Board (Tristate Transport), 574 Pa. 61 (2003), is a...

Affirmation of Appellate Review Standards in Preliminary Injunctions: SUMMIT TOWNE CENTRE v. SHOE SHOW of Rocky Mount

Date: Jul 22, 2003

Affirmation of Appellate Review Standards in Preliminary Injunctions: SUMMIT TOWNE CENTRE v. SHOE SHOW of Rocky Mount Introduction In the landmark case of Summit Towne Centre, Inc. v. The Shoe Show...

Establishing Willful Neglect as First-Degree Murder: Analysis of Commonwealth v. Tharp

Date: Jul 3, 2003

Establishing Willful Neglect as First-Degree Murder: Analysis of Commonwealth v. Tharp Introduction Commonwealth of Pennsylvania v. Michelle Sue Tharp is a landmark decision by the Supreme Court of...

Defining Willful Misconduct in Unemployment Compensation: Grieb v. Unemployment Compensation Board of Review

Date: Jun 28, 2003

Defining Willful Misconduct in Unemployment Compensation: Grieb v. Unemployment Compensation Board of Review Introduction The case of KAREN GRIEB v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW presents...

Parental Liability in Shared Custody Arrangements: Insights from K.H. and D.A.H. v. J.R. and N.R.

Date: Jun 24, 2003

Parental Liability in Shared Custody Arrangements: Insights from K.H. and D.A.H. v. J.R. and N.R. Introduction The case of K.H. and D.A.H., Both Individually and as Parents of A.H. v. J.R. and N.R.,...

Right to Counsel on Petition for Allowance of Appeal: Establishing Effective Assistance Under Pennsylvania PCRA

Date: Jun 10, 2003

Right to Counsel on Petition for Allowance of Appeal: Establishing Effective Assistance Under Pennsylvania PCRA Introduction The case of Commonwealth of Pennsylvania v. John Liebel, adjudicated by...

Admissibility of Confessions and Evidence of Prior Acts in Capital Cases

Date: Jun 7, 2003

Admissibility of Confessions and Evidence of Prior Acts in Capital Cases Introduction The case of Commonwealth of Pennsylvania v. Gerald Watkins (577 Pa. 194) presents a critical examination of the...

Affirmation of Death Sentence in Commonwealth v. Bomar: Implications for Capital Sentencing and Procedural Compliance

Date: May 31, 2003

Affirmation of Death Sentence in Commonwealth v. Bomar: Implications for Capital Sentencing and Procedural Compliance Introduction Commonwealth of Pennsylvania v. Arthur Bomar is a landmark case...

Affirmation of Parental Rights Termination in In Re: Adoption of M.E.P. Establishes Precedent on Parental Incapacity and Absence of Parent-Child Bond

Date: May 30, 2003

Affirmation of Parental Rights Termination in In Re: Adoption of M.E.P. Establishes Precedent on Parental Incapacity and Absence of Parent-Child Bond Introduction The case of In Re: Adoption of...

Res Ipsa Loquitur in Medical Malpractice: Expert Testimony Required for Complex Procedures - TOOGOOD v. ROGAL

Date: May 30, 2003

Res Ipsa Loquitur in Medical Malpractice: Expert Testimony Required for Complex Procedures - TOOGOOD v. ROGAL Introduction TOOGOOD v. ROGAL, decided by the Supreme Court of Pennsylvania in 2003,...

Interpretation of "Within this State" in Corporate Net Income Tax Apportionment

Date: Apr 26, 2003

Interpretation of "Within this State" in Corporate Net Income Tax Apportionment Introduction COMMONWEALTH OF PENNSYLVANIA, Appellant v. GILMOUR MANUFACTURING COMPANY, Appellee is a pivotal case...

Preservation of Railroad Rights-of-Way: BUFFALO TOWNSHIP v. JONES Establishes Key Precedent

Date: Jan 1, 2003

Preservation of Railroad Rights-of-Way: BUFFALO TOWNSHIP v. JONES Establishes Key Precedent Introduction In BUFFALO TOWNSHIP v. JONES, the Supreme Court of Pennsylvania, Western District, addressed a...

Prudential Property and Casualty Insurance Co. v. Colbert: Broadening the Definition of "Insured" under Pennsylvania's MVFRL

Date: Jan 1, 2003

Prudential Property and Casualty Insurance Co. v. Colbert: Broadening the Definition of "Insured" under Pennsylvania's MVFRL Introduction In the landmark case of Prudential Property and Casualty...