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PA Supreme Court Appeals

Tucker Arensberg, P.C.

In Potentially Groundbreaking Appeal, Pennsylvania Supreme Court to Consider Whether Public Utility Commission Can Regulate...

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It has been a long-standing cardinal rule in Pennsylvania that municipal authorities were beyond the regulatory reach of the Pennsylvania Public Utility Commission (“PUC”). ...more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

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In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Ballard Spahr LLP

PA Supreme Court Clarifies Land Valuation Rules in Pignetti v. PennDOT

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In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more

Stevens & Lee

Taking a DIG at the Pennsylvania Supreme Court

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Did you fall for the clickbait headline? No, this post does not take a shot at Pennsylvania’s highest court. Instead, here we consider the court’s practice of ordering some cases “dismissed as improvidently granted” or...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Reaffirms the Dunham Rule

Houston Harbaugh, P.C. on

Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more

Stevens & Lee

Litigator Beware! It’s Different “Over There”

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“Over there” in this context refers to the Orphans’ Court – theoretically a “division” of the Court of Common Pleas (the trial court) in each Pennsylvania county. Orphans’ Court matters include adoptions, name changes, will...more

McNees Wallace & Nurick LLC

Update on Tower Health’s Chester and Montgomery County Real Estate Tax Exemption Appeals

On October 16, 2023, the Pennsylvania Supreme Court granted Tower Health’s Petition for Allowance of Appeal related to the Montgomery County hospital property. The Supreme Court is going to address the following two issues on...more

White and Williams LLP

Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court

In an unpublished opinion from the Pennsylvania Superior Court handed down on August 31, 2023, a long-standing disagreement about the wording of Pennsylvania's Statute of Repose was finally resolved. In Pennsylvania, “a civil...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Trust Fund Eligibility: Pennsylvania Supreme Court Addresses Registration/Fee Issue

The Supreme Court of Pennsylvania (“Court”) addressed in an April 19th Opinion an issue involving the Pennsylvania Storage Tank and Spill Prevention Act. See Dr. Timothy and Debra Shrom v. Pennsylvania Underground Storage...more

Faegre Drinker Biddle & Reath LLP

Passengers on Litigation Tourism Train Get Review from Supreme Court

The United States Supreme Court will soon consider whether the due process clause of the Fourteenth Amendment prohibits a state from requiring that a corporation consent to personal jurisdiction in order to conduct business...more

Faegre Drinker Biddle & Reath LLP

Louisiana Secures Temporary Injunction in Connection with the SHIP Rehabilitation Plan

Senior Health Insurance Company of Pennsylvania (“SHIP”) was placed in rehabilitation in Pennsylvania in January 2020. On August 24, 2021, the Commonwealth Court of Pennsylvania approved the Rehabilitation Plan (the “Plan”),...more

Tucker Arensberg, P.C.

Commonwealth Court Voids Health Department’s School Masking Order, But Appeal Keeps Mandate in Place

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On November 10, 2021, the Pennsylvania Commonwealth Court struck down the Acting Secretary of the Department of Health’s Order Directing Face Coverings in School Entities (“Masking Order”) in Corman, et al. v. Acting...more

Faegre Drinker Biddle & Reath LLP

Itemize Damages or Waive Appeal? Pennsylvania’s Supreme Court Will Consider Whether Failure to Request an Itemized Verdict Waives...

In many personal injury cases, including products cases, the most significant exposure is pain and suffering or similar damages that cannot readily be measured in dollars. Juries are usually constrained by specific testimony...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Medical Device Strict Liability Claims: Relentless Repetition, Clamoring for Review

A Pennsylvania federal court has again asked that the state’s Supreme Court clarify whether, and to what extent, medical device manufacturers are immune from strict liability claims by virtue of the “unavoidably unsafe...more

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

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Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

White and Williams LLP

Are Industry Standards Beside the Point Where Strict Liability is Claimed?

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It has been almost seven years since Tincher v. Omega Flex Inc. was decided by the Pennsylvania Supreme Court. The Tincher court left much unanswered but called on Pennsylvania’s lower courts, the legal academy and the bar to...more

Faegre Drinker Biddle & Reath LLP

Online Retailers Beware: Texas Supreme Court to Consider Whether Amazon Is a “Seller” - Faegre Drinker on Products

The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020...more

White and Williams LLP

PA Supreme Court to Revisit Peer Review Protections for Credentialing

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In September, the Pennsylvania Supreme Court agreed with the urging of the Superior Court to hear an appeal on whether the Pennsylvania Peer Review Protection Act (PRPA or the Act) shields from discovery the evaluations of...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

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Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Rosenberg Martin Greenberg LLP

Pennsylvania Supreme Court Clarifies Applicability of Act 6 To Residential Mortgage Foreclosures (Sort Of)

When the loan documents provide for confession of judgment and the collateral encumbered by the mortgage securing the loan is commercial real property, the foreclosure process in Pennsylvania is straightforward.  The lender...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Spilman Thomas & Battle, PLLC

Pennsylvania’s Shutdown Order is Subject to More Scrutiny

Although government shutdown orders are being challenged across the country, the one issued by Pennsylvania Governor Tom Wolf appears to be receiving particular attention....more

Chartwell Law

PA Supreme Court Ruling Places Burdensome New Rules on PIP IMEs

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In a recent appeal from the United States Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court examined the enforceability of a commonly used automobile policy provision related to Independent Medical...more

Steptoe & Johnson PLLC

PA Supreme Court Rules Section of MCARE Act Unconstitutional

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On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more

White and Williams LLP

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional

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In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more

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