Category: Civil
-
Burke v. Independence Blue Cross: Legislature intended autism treatment to be offered in schools
Written by
on
The Autism Coverage Law requires insurance companies to provide coverage for autism treatment under certain group plans. One coverage specifically included in the statute is “applied behavioral analysis” (“ABA”). However,…
-
Coughlin v. Massaquoi: No per se Requirement for Corroborating Evidence before BAC is admissible in a civil case
Written by
on
When is blood alcohol content (BAC) admissible in a civil case to prove negligence (including contributory negligence)? In the context of a car accident, the Supreme Court of Pennsylvania has…
-
Lomas v. Kravitz: Motion for Recusal should be made immediately, if not sooner
Written by
on
The Pennsylvania Supreme Court ruled in Lomas v. Kravitz that a motion for recusal must be made as soon as the facts on which the motion is based come to…
-
Rancosky v. Washington Nat’l Ins. Co: Terletsky standard prevails for bad faith claims
Written by
on
The Pennsylvania Supreme Court adopted the Superior Court’s Terletsky v. Prudential Property & Cas. Ins. Co. standard for determining bad faith, ruling that no evidence of ill-will is required, nor is there a…
-
Blake v. State Civil Service Commission: “Soldier” under state hiring preference law may not mean the same thing as it does to the Department of Defense
Written by
on
In Blake v. State Civil Service Commission, the Pennsylvania Supreme Court ruled that a West Point cadet who did not complete his training is not a “soldier” entitled to hiring…
-
PSP v. Grove: Motor Vehicle Recordings are not exempt from disclosure under Right to Know law
Written by
on
In Pennsylvania State Police v. Grove, the Supreme Court of Pennsylvania rules that Motor Vehicle Recordings are not exempt from the disclosure requirements of the Right to Know Act, and…
-
In re Adoption of LBM and ADM: A Child and His Counsel
Written by
on
A child’s legal interests are not the same as his best interests, and in proceedings for the Termination of Parental Rights, the child has a statutory right to counsel for…
-
Powell v. UCBR: Suspended Attorney May Not Practice Before Executive Agencies
Written by
on
The pecking order of preferred advocates, the non-lawyer is preferable to the suspended lawyer. In Powell v. UCBR, the Pennsylvania Supreme Court ruled that, while a non-attorney may practice before…
-
Ford v. American States Ins. Co – UIM Waiver is Close Enough
Written by
on
what really happens when an insurance company does not “specifically comply” with the form in the statute? Or perhaps the better way to frame the argument—and the framing the Court…
-
D.P. v. G.J.P.: Mere separation of parents is insufficient grounds to give grandparents standing to force custody dispute
Written by
on
The fourteenth amendment’s due process clause requires “that the custody, care and nurture of the child reside first in the parents,” (quoting Prince v. Mass, 321 U.S. 158, 166 (1944)),…