Pennsylvania Case Commentaries

Reevaluation of Emotional Bonds in Involuntary Termination of Parental Rights

Date: Feb 18, 1993

Reevaluation of Emotional Bonds in Involuntary Termination of Parental Rights Introduction The Supreme Court of Pennsylvania, in IN RE E.M. a/k/a E.W.C. and L.M. a/k/a L.C., Jr., Minors. Appeal of...

Sovereign Immunity and Jury Charge Errors: A Comprehensive Analysis of La Frankie v. Miklich

Date: Dec 8, 1992

Sovereign Immunity and Jury Charge Errors: A Comprehensive Analysis of La Frankie v. Miklich Introduction The case of Patrick J. La Frankie v. Robert A. Miklich (152 Pa. Commw. 163) adjudicated by...

Valette v. Commonwealth: Redefining Constructive Possession in Controlled Substance Cases

Date: Sep 19, 1992

Valette v. Commonwealth: Redefining Constructive Possession in Controlled Substance Cases Introduction In the landmark case Commonwealth of Pennsylvania v. Angel Valette, decided on September 18,...

Double Jeopardy Protections Expanded in Commonwealth of Pennsylvania v. Smith

Date: Sep 19, 1992

Double Jeopardy Protections Expanded in Commonwealth of Pennsylvania v. Smith Introduction The case of Commonwealth of Pennsylvania v. Jay C. Smith addressed critical issues surrounding prosecutorial...

Unconstitutional Implicit Consent in DUI Cases: Commonwealth of Pennsylvania v. Kohl and Danforth

Date: Sep 17, 1992

Unconstitutional Implicit Consent in DUI Cases: Commonwealth of Pennsylvania v. Kohl and Danforth Introduction The landmark case of Commonwealth of Pennsylvania v. Kohl and Danforth established...

Intervention Denied: Establishing the Finality of Denial Orders in Pennsylvania's Judicial Proceedings

Date: Sep 17, 1992

Intervention Denied: Establishing the Finality of Denial Orders in Pennsylvania's Judicial Proceedings Introduction PENNSYLVANIA ASSOCIATION OF RURAL AND SMALL SCHOOLS, et al. v. Robert P. Casey,...

Use of Juvenile Adjudications in Capital Sentencing: Analyzing Commonwealth v. Baker

Date: Jun 18, 1992

Use of Juvenile Adjudications in Capital Sentencing: Analyzing Commonwealth of Pennsylvania v. Baker Introduction Commonwealth of Pennsylvania v. Lee Baker, decided on June 17, 1992, by the Supreme...

Substantial Evidence Standard Affirmed in Workers' Compensation Appeals

Date: Jun 18, 1992

Substantial Evidence Standard Affirmed in Workers' Compensation Appeals Introduction The case of Bethenergy Mines, Inc. v. Workmen's Compensation Appeal Board (Skirpan) and Herman Strube v. Workmen's...

Independent Duty to Warn and Contribution Claims in Strict Products Liability: WALTON v. AVCO CORPoration

Date: May 23, 1992

Independent Duty to Warn and Contribution Claims in Strict Products Liability: WALTON v. AVCO CORPoration Introduction WALTON v. AVCO CORPoration, decided by the Supreme Court of Pennsylvania on May...

Discovery Rule in Medical Malpractice: William HAYWARD v. lyn Hayward

Date: May 22, 1992

Discovery Rule in Medical Malpractice: William HAYWARD v. lyn Hayward Introduction The case of William HAYWARD and Mary E v. lyn Hayward addresses a pivotal issue in medical malpractice law: the...

Enhancing the Reliability of Prior Inconsistent Statements: Insights from Commonwealth v. Lively

Date: May 19, 1992

Enhancing the Reliability of Prior Inconsistent Statements: Insights from Commonwealth v. Lively Introduction Commonwealth of Pennsylvania v. Kevin Lively is a landmark decision by the Supreme Court...

Recognition of Homeowners as Third-Party Beneficiaries under Restatement (Second) Contracts §302

Date: May 16, 1992

Recognition of Homeowners as Third-Party Beneficiaries under Restatement (Second) Contracts §302 Introduction The case of William F. Scarpitti, Jr. and Susan J. Scarpitti, his wife, Joseph Hines and...

Due Process Violation through Commingling of Prosecutorial and Adjudicatory Functions in Administrative Boards

Date: Mar 19, 1992

Due Process Violation through Commingling of Prosecutorial and Adjudicatory Functions in Administrative Boards Introduction The case of Samuel S. Lyness, M.D., Appellant, v. Commonwealth of...

Supreme Court of Pennsylvania Clarifies Standards for Judgment N.o.v. and Informed Consent: MOURE v. RAEUCHELE

Date: Feb 22, 1992

Supreme Court of Pennsylvania Clarifies Standards for Judgment N.o.v. and Informed Consent: MOURE v. RAEUCHELE Introduction The case of Vicki L. Moure, now by marriage Vicki L.M. Via v. Randall R....

Presumption of Prejudice in Prolonged Litigation: Penn Piping, Inc. v. Insurance Company of North America

Date: Feb 13, 1992

Presumption of Prejudice in Prolonged Litigation: Penn Piping, Inc. v. Insurance Company of North America Introduction The case of Penn Piping, Inc. v. Insurance Company of North America (529 Pa....

Maritrans v. Pepper: Reinforcing Common Law Fiduciary Duties of Attorneys Against Conflicts of Interest

Date: Jan 30, 1992

Maritrans v. Pepper: Reinforcing Common Law Fiduciary Duties of Attorneys Against Conflicts of Interest Introduction Maritrans GP Inc., Maritrans Partners L.P., and Maritrans Operating Partners L.P....

Supreme Court of Pennsylvania Rules Against Expert Evidence on Child Sexual Abuse Behavioral Patterns: Commonwealth v. Dunkle

Date: Jan 23, 1992

Supreme Court of Pennsylvania Rules Against Expert Evidence on Child Sexual Abuse Behavioral Patterns: Commonwealth v. Dunkle Introduction In the landmark case of COMMONWEALTH of Pennsylvania v. Neil...

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