Pennsylvania Case Commentaries

Exclusion of Negligence Concepts in Strict Liability: Lewis v. Coffing Hoist Division

Date: Jul 10, 1987

Exclusion of Negligence Concepts in Strict Liability: Lewis v. Coffing Hoist Division Introduction In the landmark case Eugene R. Lewis and Jane Lewis, his wife, Appellees, v. Coffing Hoist Division,...

Pennsylvania Supreme Court Affirms Strict Requirements for Emotional Distress Claims under Restatement (Second) §46

Date: Jun 16, 1987

Pennsylvania Supreme Court Affirms Strict Requirements for Emotional Distress Claims under Restatement (Second) §46 Introduction In Harvey and Marsha Kazatsky v. King David Memorial Park, Inc., the...

Reaffirmation of the Dual Standard for Ineffective Assistance of Counsel in Commonwealth v. Pierce

Date: Jun 10, 1987

Reaffirmation of the Dual Standard for Ineffective Assistance of Counsel in Commonwealth v. Pierce Introduction Commonwealth of Pennsylvania v. Charles Pierce, 515 Pa. 153 (1987), represents a...

Burden of Proof in Unemployment Compensation: Insights from Kirkwood v. Commonwealth of Pennsylvania

Date: May 13, 1987

Burden of Proof in Unemployment Compensation: Insights from Kirkwood v. Commonwealth of Pennsylvania Introduction The case of Jerrianne S. Kirkwood v. Commonwealth of Pennsylvania, adjudicated by the...

Reaffirmation of Local Agency Immunity: Supreme Court of Pennsylvania in Mascaro v. Youth Study Center

Date: Apr 8, 1987

Reaffirmation of Local Agency Immunity: Supreme Court of Pennsylvania in Mascaro v. Youth Study Center Introduction The case of Michelle Mascaro, a Minor, and Kenneth Mascaro, a Minor, by their...

Redefining 'Torture' in Capital Sentencing: An In-Depth Analysis of Commonwealth v. Nelson

Date: Apr 4, 1987

Redefining 'Torture' in Capital Sentencing: An In-Depth Analysis of Commonwealth of Pennsylvania v. Nelson Introduction Commonwealth of Pennsylvania v. John A. Nelson is a landmark 1987 decision by...

Procedural Rigor in Sentencing Appeals: Commonwealth v. Tuladziiecki Establishes Strict Requirements

Date: Mar 11, 1987

Procedural Rigor in Sentencing Appeals: Commonwealth v. Tuladziiecki Establishes Strict Requirements Introduction Commonwealth of Pennsylvania v. Regis C. Tuladziiecki, 513 Pa. 508 (1987), is a...

Supreme Court of Pennsylvania Rules Out Implied Duty to Mine in Mineral Leases with Advance Royalties: Hutchison v. Sunbeam Coal Corp.

Date: Dec 17, 1986

Supreme Court of Pennsylvania Rules Out Implied Duty to Mine in Mineral Leases with Advance Royalties: Hutchison v. Sunbeam Coal Corp. Introduction The case of Glenn C. Hutchison and Virginia...

Balancing Resentencing Authority and Double Jeopardy Protections: An Analysis of Commonwealth v. Goldhammer

Date: Nov 20, 1986

Balancing Resentencing Authority and Double Jeopardy Protections: An Analysis of Commonwealth v. Goldhammer Introduction In the landmark case Commonwealth of Pennsylvania v. Benjamin Goldhammer, the...

Punitive Damages Against State Agencies: Comprehensive Commentary on Feingold v. SEPTA

Date: Nov 19, 1986

Punitive Damages Against State Agencies: Comprehensive Commentary on Feingold v. SEPTA Introduction Feingold v. Southeastern Pennsylvania Transportation Authority (SEPTA) is a landmark case decided...

Revisiting Class Action Intervention: Insights from Wilson v. State Farm Mutual Automobile Insurance Company

Date: Nov 18, 1986

Revisiting Class Action Intervention: Insights from Wilson v. State Farm Mutual Automobile Insurance Company Introduction The case of Cynthia D. Wilson, Administratrix of the Estate of Keith L....

Admissibility of Expert Testimony on Child Witness Credibility: Insights from COMMONWEALTH of Pennsylvania v. SeeSe

Date: Nov 18, 1986

Admissibility of Expert Testimony on Child Witness Credibility: Insights from COMMONWEALTH of Pennsylvania v. SeeSe Introduction The case of COMMONWEALTH of Pennsylvania v. Harry Ray SeeSe (512 Pa....

Clarifying General Liability Insurance Exclusions in Negligent Construction: Gene Harvey Builders v. PA Manufacturers' Association Insurance Co.

Date: Nov 18, 1986

Clarifying General Liability Insurance Exclusions in Negligent Construction: Gene Harvey Builders v. Pennsylvania Manufacturers' Association Insurance Co. Introduction Gene Harvey Builders, Inc. v....

Reaffirming Sufficiency of Evidence in DUI Convictions: Commonwealth of Pennsylvania v. Griscavage

Date: Nov 18, 1986

Reaffirming Sufficiency of Evidence in DUI Convictions: Commonwealth of Pennsylvania v. Griscavage Introduction Commonwealth of Pennsylvania v. Charles J. Griscavage is a significant decision by the...

Estate of Francis J. McGovern v. Commonwealth of Pennsylvania: Affirming Common Law Standards for Mental Competency in Retirement Contract Execution

Date: Nov 6, 1986

Estate of Francis J. McGovern v. Commonwealth of Pennsylvania: Affirming Common Law Standards for Mental Competency in Retirement Contract Execution Introduction The case of Estate of Francis J....

Affirmation of "Clear and Convincing" Standard for Terminating Parental Rights of Impaired Parents in Pennsylvania

Date: Sep 27, 1986

Affirmation of "Clear and Convincing" Standard for Terminating Parental Rights of Impaired Parents in Pennsylvania Introduction In re Adoption of J.J. James Phillips, Appellee, v. Children and Youth...

Reaffirming the Exclusivity of the Workmen's Compensation Act: Della LeFlar v. Gulf Creek Industrial Park #2

Date: Sep 27, 1986

Reaffirming the Exclusivity of the Workmen's Compensation Act: Della LeFlar v. Gulf Creek Industrial Park #2 Introduction The case of Della LeFlar, the Widow of Paul LeFlar and Administratrix of his...

Affirmation of Death Penalty Procedures and Standards in Commonwealth v. Peterkin

Date: Jul 26, 1986

Affirmation of Death Penalty Procedures and Standards in Commonwealth of Pennsylvania v. Peterkin (1986) Introduction Commonwealth of Pennsylvania v. Otis Peterkin is a pivotal 1986 decision by the...

Establishing Forcible Compulsion in Rape Under 18 Pa.C.S.A. § 3121: Insights from Commonwealth of Pennsylvania v. Rhodes

Date: Jun 7, 1986

Establishing Forcible Compulsion in Rape Under 18 Pa.C.S.A. § 3121: Insights from Commonwealth of Pennsylvania v. Rhodes Introduction Commonwealth of Pennsylvania v. Nicholas Rhodes is a landmark...

Affirmation of Death Sentence Based on Circumstantial Evidence in Commonwealth of Pennsylvania v. Roger Peter Buehl

Date: May 1, 1986

Affirmation of Death Sentence Based on Circumstantial Evidence in Commonwealth of Pennsylvania v. Roger Peter Buehl Introduction The case of Commonwealth of Pennsylvania v. Roger Peter Buehl was...