Pennsylvania Case Commentaries

Reaffirming the Sufficiency of Eyewitness Evidence and Limitations on Ineffective Counsel Claims in Commonwealth of Pennsylvania v. Dennis

Date: Jul 23, 1998

Reaffirming the Sufficiency of Eyewitness Evidence and Limitations on Ineffective Counsel Claims in Commonwealth of Pennsylvania v. Dennis Introduction Commonwealth of Pennsylvania v. James Dennis is...

Adams Sanitation Company, Inc. v. Commonwealth of Pennsylvania: Expanding Environmental Responsibility Under Section 316 of the Clean Streams Law

Date: Jul 22, 1998

Adams Sanitation Company, Inc. v. Commonwealth of Pennsylvania: Expanding Environmental Responsibility Under Section 316 of the Clean Streams Law Introduction Adams Sanitation Company, Inc. v....

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Spotz: Specific Intent and Accomplice Liability

Date: Jul 21, 1998

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Spotz: Specific Intent and Accomplice Liability Introduction The case of Commonwealth of Pennsylvania v. Mark Spotz (552 Pa. 499,...

Clarifying Scienter: Pennsylvania Supreme Court Sets Standard for Attorney Misrepresentation Under Rule 8.4(c)

Date: Jul 9, 1998

Clarifying Scienter: Pennsylvania Supreme Court Sets Standard for Attorney Misrepresentation Under Rule 8.4(c) Introduction In the landmark case Office of Disciplinary Counsel v. Anonymous Attorney...

Collateral Estoppel Limitations in Unemployment Compensation Proceedings: RUE v. K-MART CORP.

Date: Jun 17, 1998

Collateral Estoppel Limitations in Unemployment Compensation Proceedings: RUE v. K-MART CORP. Introduction Patricia RUE v. K-MART CORPoration is a landmark decision by the Supreme Court of...

Resentencing Protocols and Aggravating Circumstances in Commonwealth v. Lesko

Date: May 22, 1998

Resentencing Protocols and Aggravating Circumstances in Commonwealth of Pennsylvania v. Lesko Introduction Commonwealth of Pennsylvania v. John Charles Lesko is a landmark case adjudicated by the...

Enforceability of "Household Exclusion" Clauses in Underinsured Motorist Coverage: Analysis of Eichelman v. Nationwide Insurance Company

Date: May 22, 1998

Enforceability of "Household Exclusion" Clauses in Underinsured Motorist Coverage: Analysis of Eichelman v. Nationwide Insurance Company Introduction Eichelman v. Nationwide Insurance Company is a...

Deference to Jury Credibility Determinations: Insights from Martin v. Evans

Date: Apr 25, 1998

Deference to Jury Credibility Determinations: Insights from Martin v. Evans Introduction In the landmark case of Martin v. Evans, 551 Pa. 496 (1998), the Supreme Court of Pennsylvania addressed...

Pennsylvania Supreme Court Abandons Presumption of Prejudice in Inactivity Dismissals: Jacobs v. Halloran

Date: Apr 3, 1998

Pennsylvania Supreme Court Abandons Presumption of Prejudice in Inactivity Dismissals: Jacobs v. Halloran Introduction Lisa R. Jacobs v. Harry Halloran, Patricia Halloran, Lynda Fyffe-McFadden,...

Incorporating Non-Docket Activity in Case Inactivity Evaluations: Marino v. Hackman et al.

Date: Apr 3, 1998

Incorporating Non-Docket Activity in Case Inactivity Evaluations: Marino v. Hackman et al. Introduction Charles and Mollie Marino v. James Harry Hackman, Jay Rollman Sons, and William Rollman Truck...

Reversing Parental Rights Termination: Emphasizing Child Welfare Under Section 2511 of the Pennsylvania Adoption Act

Date: Mar 28, 1998

Reversing Parental Rights Termination: Emphasizing Child Welfare Under Section 2511 of the Pennsylvania Adoption Act Introduction The case titled In the Matter of the Adoption of Charles E.D. M. II...

Totality of Circumstances in Assessing Voluntary Confessions: Commonwealth v. Nester

Date: Mar 26, 1998

Totality of Circumstances in Assessing Voluntary Confessions: Commonwealth v. Nester Introduction The case of Commonwealth of Pennsylvania v. Jeffrey Nester (551 Pa. 157, 1998) marks a significant...

Establishing Employer's Burden in Terminating Workers' Compensation Benefits: Insights from Susan Udvari v. USAir, Inc.

Date: Dec 25, 1997

Establishing Employer's Burden in Terminating Workers' Compensation Benefits: Insights from Susan Udvari v. USAir, Inc. Introduction The case of Susan Udvari v. USAir, Inc. (550 Pa. 319), adjudicated...

Comprehensive Commentary on Riccio v. American Republic Insurance Company: Interpretation of 'Spine' in Policy Exclusions and Coordinated Jurisdiction Rule

Date: Dec 24, 1997

Interpretation of 'Spine' in Insurance Policy Exclusions and Coordinated Jurisdiction Rule: Riccio v. American Republic Insurance Company Introduction Antonio N. Riccio, the appellant, filed a...

Affirmation of Death Sentence in Commonwealth v. Gribble: Upholding Specific Intent and Proportionality Review

Date: Nov 21, 1997

Affirmation of Death Sentence in Commonwealth v. Gribble: Upholding Specific Intent and Proportionality Review Introduction The case of Commonwealth of Pennsylvania v. William R. Gribble reached the...

Caterpillar, Inc. v. Unemployment Compensation Board of Review: Employee Speech in Support of Union Activity Not Willful Misconduct

Date: Nov 21, 1997

Caterpillar, Inc. v. Unemployment Compensation Board of Review: Employee Speech in Support of Union Activity Not Willful Misconduct Introduction The case of Caterpillar, Inc., Appellant, v....

Affirmation of Severance Discretion and State of Mind Hearsay Exception in Commonwealth v. Collins

Date: Nov 21, 1997

Affirmation of Severance Discretion and State of Mind Hearsay Exception in Commonwealth v. Collins Introduction Commonwealth of Pennsylvania v. Ronald Collins (550 Pa. 46) is a significant case...

Reaffirmation of Rape Shield Law Protections: Commonwealth v. Weber

Date: Sep 19, 1997

Reaffirmation of Rape Shield Law Protections: Commonwealth v. Weber Introduction Commonwealth of Pennsylvania v. Michael P. Weber is a landmark 1997 decision by the Supreme Court of Pennsylvania that...

Establishing the "Prisoner Mailbox" Rule for Timely Appeals by Pro Se Incarcerated Appellants

Date: Sep 18, 1997

Establishing the "Prisoner Mailbox" Rule for Timely Appeals by Pro Se Incarcerated Appellants Introduction COMMONWEALTH of Pennsylvania v. David Jones, Appellee, (549 Pa. 58) is a pivotal case...

Affirmation of Death Penalty with Prior Murder Conviction as Aggravating Factor in COMMONWEALTH v. HAWKINS

Date: Sep 18, 1997

Affirmation of Death Penalty with Prior Murder Conviction as Aggravating Factor in COMMONWEALTH v. HAWKINS Introduction In the landmark case of Commonwealth of Pennsylvania v. Thomas W. Hawkins, Jr.,...