Pennsylvania Case Commentaries

Public Policy Exception to At-Will Employment in Pennsylvania: Limited Scope of Federal OSHA Protections

Date: Apr 19, 2000

Public Policy Exception to At-Will Employment in Pennsylvania: Limited Scope of Federal OSHA Protections Introduction The case of Mary McLaughlin v. Gastrointestinal Specialists, Inc. (561 Pa. 307)...

Non-Applicability of Timeliness Exceptions for Ineffective Assistance of Counsel Claims: Commonwealth of Pennsylvania v. Alan Pursell

Date: Apr 18, 2000

Non-Applicability of Timeliness Exceptions for Ineffective Assistance of Counsel Claims: Commonwealth of Pennsylvania v. Alan Pursell Introduction The case of Commonwealth of Pennsylvania v. Alan...

Authorized Nunc Pro Tunc Appeals: Establishing Precedent in Property Assessment Disputes

Date: Feb 24, 2000

Authorized Nunc Pro Tunc Appeals: Establishing Precedent in Property Assessment Disputes Introduction In the landmark case of Union Electric Corporation, Appellant, v. Board of Property Assessment,...

Establishing Exceptions to the PCRA Time Bar: Commonwealth of Pennsylvania v. Robert Lark

Date: Feb 24, 2000

Establishing Exceptions to the PCRA Time Bar: Commonwealth of Pennsylvania v. Robert Lark Introduction Commonwealth of Pennsylvania v. Robert Lark is a landmark decision by the Supreme Court of...

Reversing Capital Sentences: Ineffective Assistance of Counsel in COMMONWEALTH v. NIEVES

Date: Feb 18, 2000

Reversing Capital Sentences: Ineffective Assistance of Counsel in COMMONWEALTH v. NIEVES Introduction Commonwealth of Pennsylvania v. William Nieves is a landmark decision rendered by the Supreme...

Four-Year Statute of Limitations Applied to Promissory Estoppel Claims in Pennsylvania

Date: Jan 29, 2000

Four-Year Statute of Limitations Applied to Promissory Estoppel Claims in Pennsylvania Introduction Ronald E. Crouse, Sr. and Aliquippa Forge, Inc. v. Cyclops Industries is a pivotal case adjudicated...

Clarifying the Standards for Weight of Evidence Claims: Insights from Commonwealth v. Widmer

Date: Jan 21, 2000

Clarifying the Standards for Weight of Evidence Claims: Insights from Commonwealth v. Widmer Introduction Commonwealth of Pennsylvania v. Barry Widmer, Jr., decided by the Supreme Court of...

Establishing the Right to Effective Counsel and Fair Jury Selection in Capital Cases: Commonwealth v. Basemore Commentary

Date: Jan 21, 2000

Establishing the Right to Effective Counsel and Fair Jury Selection in Capital Cases: Commonwealth v. Basemore Commentary Introduction Commonwealth of Pennsylvania v. William Basemore is a landmark...

Reaffirmation of the Essence Test in Judicial Review of Labor Arbitration Awards

Date: Dec 23, 1999

Reaffirmation of the Essence Test in Judicial Review of Labor Arbitration Awards Introduction The case of State System of Higher Education (Cheyney University) v. State College University...

Enforcement of Timeliness Restrictions under 42 Pa.C.S.A. § 9545 in Post-Conviction Relief: Insights from Commonwealth v. Beasley

Date: Dec 10, 1999

Enforcement of Timeliness Restrictions under 42 Pa.C.S.A. § 9545 in Post-Conviction Relief: Insights from Commonwealth of Pennsylvania v. Leslie Charles X. Beasley Introduction Commonwealth of...

Enforceability of Settlement Agreements Requires Clear Mutual Assent on Material Terms: Mazzella v. Koken

Date: Oct 29, 1999

Enforceability of Settlement Agreements Requires Clear Mutual Assent on Material Terms: Mazzella v. Koken Introduction Mazzella v. Koken, 559 Pa. 216 (1999), adjudicated by the Supreme Court of...

Signatures Not Essential for Contract Formation Unless Statutorily or Contractually Mandated: Shovel Transfer and Storage, Inc. v. Pennsylvania Liquor Control Board

Date: Oct 28, 1999

Signatures Not Essential for Contract Formation Unless Statutorily or Contractually Mandated: Shovel Transfer and Storage, Inc. v. Pennsylvania Liquor Control Board Introduction The case of Shovel...

Establishing Employer Discretion and Burden of Proof in Willful Misconduct Cases: Guthrie v. Unemployment Compensation Board of Review

Date: Sep 30, 1999

Establishing Employer Discretion and Burden of Proof in Willful Misconduct Cases: Guthrie v. Unemployment Compensation Board of Review Introduction Daniel Guthrie, an employee of the Port Authority...

Reversal of License Suspension: Emphasizing 'Reasonable Grounds' in DUI Suspension Cases

Date: Sep 30, 1999

Reversal of License Suspension: Emphasizing 'Reasonable Grounds' in DUI Suspension Cases Introduction The case of Robert N. Banner, Jr. v. Commonwealth of Pennsylvania, Department of Transportation,...

Affirmation of PCRA Petition Denial and Standards for Ineffective Assistance Claims in Commonwealth v. Rollins

Date: Sep 30, 1999

Affirmation of PCRA Petition Denial and Standards for Ineffective Assistance Claims in Commonwealth v. Rollins Introduction In the landmark case of Commonwealth of Pennsylvania v. Saharris Rollins,...

Strict Enforcement of PCRA Time Limitations in COMMONWEALTH v. FAHY

Date: Aug 28, 1999

Strict Enforcement of PCRA Time Limitations in Commonwealth of Pennsylvania v. Henry Fahy Introduction The case of Commonwealth of Pennsylvania v. Henry Fahy, decided by the Supreme Court of...

Protecting Attorney-Client Privilege and Defendant Rights: Insights from Commonwealth v. Chmiel

Date: Aug 20, 1999

Protecting Attorney-Client Privilege and Defendant Rights: Insights from Commonwealth v. Chmiel Introduction The case of Commonwealth of Pennsylvania v. David Chmiel (558 Pa. 478) addressed critical...

Comprehensive Commentary on Madison Construction Co. v. Harleysville Mutual Insurance Co.: Clarifying Pollution Exclusions in Commercial Liability Policies

Date: Jul 28, 1999

Comprehensive Commentary on Madison Construction Company v. Harleysville Mutual Insurance Company: Clarifying Pollution Exclusions in Commercial Liability Policies Introduction The Supreme Court of...

Reasonable Suspicion Standards in Seizure of Abandoned Contraband: Commonwealth v. Cook

Date: Jul 24, 1999

Reasonable Suspicion Standards in Seizure of Abandoned Contraband: Commonwealth v. Cook Introduction In the landmark case of Commonwealth of Pennsylvania v. Gregory Spencer Cook, 558 Pa. 50 (1999),...

Probable Cause and Exigent Circumstances in Warrantless Vehicle Searches: Insights from Commonwealth v. Luv

Date: Jul 23, 1999

Probable Cause and Exigent Circumstances in Warrantless Vehicle Searches: Insights from Commonwealth v. Luv Introduction Commonwealth of Pennsylvania v. Daryl Luv, 557 Pa. 570 (1999), adjudicated by...