Pennsylvania Case Commentaries

PUC Lacks Authority to Impose an FCC-Style Presumptive Maximum Pole-Attachment Rate for ILECs; Complainant Bears the Burden to Prove Existing JUA Rates Unreasonable

Date: Jan 10, 2026

PUC Lacks Authority to Impose an FCC-Style Presumptive Maximum Pole-Attachment Rate for ILECs; Complainant Bears the Burden to Prove Existing JUA Rates Unreasonable I. Introduction Case: FirstEnergy...

Pennsylvania’s Procedural Framework for Uniform Family Law Arbitration: Petitions, Forum, Award Review, and Post-Confirmation Enforcement

Date: Jan 3, 2026

Pennsylvania’s Procedural Framework for Uniform Family Law Arbitration: Petitions, Forum, Award Review, and Post-Confirmation Enforcement 1. Introduction On December 31, 2025, the Supreme Court of...

Accrual of Protection-Order Claims Under Pennsylvania’s Sexual Violence and Intimidation Act: Commentary on Weatherholtz v. McKelvey

Date: Dec 19, 2025

Accrual of Protection-Order Claims Under Pennsylvania’s Sexual Violence and Intimidation Act: Commentary on Weatherholtz v. McKelvey Commentary on Justice Dougherty’s Concurring and Dissenting...

Affirmative Public Benefit and Judicial Deference in Section 1329 Utility Acquisitions: Commentary on Consumer Advocate v. PUC (Aqua Pennsylvania Wastewater)

Date: Dec 19, 2025

Affirmative Public Benefit and Judicial Deference in Section 1329 Utility Acquisitions: Commentary on Consumer Advocate v. PUC; Appeal of Aqua Pennsylvania Wastewater, Inc. I. Introduction This...

Consumer Advocate v. PUC (East Whiteland): Reaffirming PUC Discretion and the “Affirmative Public Benefits” Test for Fair Market Value Utility Acquisitions

Date: Dec 19, 2025

Consumer Advocate v. PUC (East Whiteland): Reaffirming PUC Discretion and the “Affirmative Public Benefits” Test for Fair Market Value Utility Acquisitions I. Introduction This consolidated decision...

Affirmative Public Benefits and Deference in Section 1329 Utility Acquisitions: Consumer Advocate v. PUC (Aqua / East Whiteland)

Date: Dec 19, 2025

Affirmative Public Benefits and Deference in Section 1329 Utility Acquisitions: Consumer Advocate v. Pennsylvania PUC (Aqua / East Whiteland) I. Introduction This commentary analyzes the Supreme...

Commonwealth v. Kurtz: Probable Cause and the Validity of Reverse Google Keyword Warrants in Pennsylvania

Date: Dec 19, 2025

Commonwealth v. Kurtz: Probable Cause and the Validity of Reverse Google Keyword Warrants in Pennsylvania I. Introduction The concurring opinion by Chief Justice Todd in Commonwealth v. Kurtz...

Probable Cause and Reverse Keyword Warrants: Chief Justice Todd’s Concurrence in Commonwealth v. Kurtz

Date: Dec 19, 2025

Probable Cause and Reverse Keyword Warrants: Chief Justice Todd’s Concurrence in Commonwealth v. Kurtz I. Introduction This commentary examines the concurring opinion of Chief Justice Debra Todd in...

Probable Cause for Reverse Keyword Warrants Under a Totality-of-the-Circumstances Test: Commentary on Chief Justice Todd’s Concurrence in Commonwealth v. Kurtz

Date: Dec 19, 2025

Probable Cause for Reverse Keyword Warrants Under a Totality-of-the-Circumstances Test: Commentary on Chief Justice Todd’s Concurrence in Commonwealth v. Kurtz I. Introduction The concurring opinion...

Possession as Dominion, Not Exclusivity: Duncan v. Chartiers Nature Conservancy and the Threshold for Quiet Title Actions in Pennsylvania

Date: Dec 19, 2025

Possession as Dominion, Not Exclusivity: Duncan v. Chartiers Nature Conservancy and the Threshold for Quiet Title Actions in Pennsylvania I. Introduction The Supreme Court of Pennsylvania’s decision...

Judicial Gatekeeping of Kinship Care Participation in Pennsylvania Dependency Proceedings: Commentary on the 2025 Amendments to Pa.R.J.C.P. 1241, 1242, 1501, 1514, 1601, and 1608

Date: Dec 2, 2025

Judicial Gatekeeping of Kinship Care Participation in Pennsylvania Dependency Proceedings Commentary on the 2025 Amendments to Pa.R.J.C.P. 1241, 1242, 1501, 1514, 1601, and 1608 I. Introduction The...

Reaffirming Mandatory CLE and Administrative Suspension under Pa.R.C.L.E. 111(b)

Date: Nov 21, 2025

Reaffirming Mandatory CLE and Administrative Suspension under Pa.R.C.L.E. 111(b) I. Introduction On November 19, 2025, the Supreme Court of Pennsylvania issued an order titled “Attorneys...

“Any Person” Includes High Public Officials: Justice Dougherty’s Dissent on the Waiver of Official Immunity under Pennsylvania’s Wiretap Act

Date: Nov 20, 2025

“Any Person” Includes High Public Officials: Justice Dougherty’s Dissent on the Waiver of Official Immunity under Pennsylvania’s Wiretap Act I. Introduction This commentary examines Justice Kevin...

Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims

Date: Nov 7, 2025

Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims Introduction In Commonwealth v. Blakeney (Pa. Nov. 5,...

Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions

Date: Oct 30, 2025

Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions Introduction In Commonwealth v. Jenkins, the Supreme Court of Pennsylvania...

Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery (Gidor v. Mangus)

Date: Oct 30, 2025

Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery Case: Gidor v. Mangus (Supreme Court of Pennsylvania, Western District,...

Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness

Date: Oct 30, 2025

Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness Introduction In Wunderly v....

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

Date: Oct 16, 2025

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8 Introduction In Commonwealth v. Coles, E., Aplt., the...

No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege

Date: Oct 10, 2025

No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege Introduction In Toland v. Pennsylvania Board of Probation and Parole (Pa....

Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge: Commonwealth v. Phillips (Pa. 2025)

Date: Oct 2, 2025

Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge Commentary on Commonwealth v....