Category: Civil
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Danganan v. Guardian Protective Services: UTPCPL violation need not be in Pennsylvania
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The Pennsylvania Supreme Court ruled unanimously in Danganan v. Guardian Protective Services that a violation of the Unfair Trade Practices Consumer Protection Law need not have occurred in Pennsylvania to…
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League of Women Voters v. Commonwealth: The “Free and Equal Elections” Clause Prohibits Gerrymandering
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EDIT: The map has been released as promised by the Court, along with a brief opinion on February 19, re-outlining the views of the Court. We have included it here…
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Shearer v. Hafer: Interlocutory Appeal unavailable for civil pretrial dispute over right to counsel at psychological examination
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In Shearer v. Hafer, the Supreme Court of Pennsylvania rules 6-1 that an interlocutory appeal was not appropriate in a pretrial discovery dispute over whether a plaintiff has the right…
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Scarnati v. Wolf: Press Releases aren’t “Proclamations”
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In Scarnati v. Wolf, the Supreme Court of Pennsylvania rules 6-1 that a press release does not satisfy the Pennsylvania Constitution’s requirement of veto by proclamation under Article IV, Section…
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In re 2014 Allegheny County Grand Jury: Mootness ruling must be based on facts
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In an unusually brief, unanimous opinion, Chief Justice Saylor ruled that the Superior Court erred in finding a dispute between two parties moot where the facts of record did not…
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Miller v. County of Centre: District Attorneys are not “Judicial Agencies” exempt from Right to Know disclosure requirements
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Right to Know (RTK) requests by several defense attorneys in Centre County (home of Mount Nittany) revealed communications between DA Stacy Parks Miller and judges on CCP and MDC, which…
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Erie Ins. Exchange v. Bristol: SOL on UM claims begins to run at refusal to arbitrate
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On July 22, 2005, Mr. Bristol was injured when he was struck in a hit and run accident within the scope of his employment in Upper Dublin Township (childhood home…
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In re Roca, In re Segal: No, we can’t just ignore the Constitution
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The Supreme Court of Pennsylvania is, perhaps, the most powerful state Supreme Court within its own jurisdiction. Given comprehensive power over all attorney discipline matters by the state Constitution, our…
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Nextel v. Commonwealth: Uniformity Clause Bars Flat Cap for Taxes, but Statute is Severable
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When paying corporate income tax in Pennsylvania, a corporation is permitted to carry over a net loss from the previous year to reduce the current tax year’s taxable income. However,…