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PA Supreme Court Pennsylvania

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

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Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Marshall Dennehey

Pennsylvania Supreme Court Rules that Procedural Posture of Case Is Irrelevant When Determining Whether a Court Decision Violated...

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Ivy Hill Congregation of Jehovah’s Witnesses v. Dep’t of Human Servs., 2024 WL 561402 (Pa. Feb. 13, 2024) - The plaintiff filed a petition for declaratory judgment with the Commonwealth Court of Pennsylvania, seeking a...more

Marshall Dennehey

Challenge to Sovereign Immunity/Damages Cap

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In Freilich v. Se. Pennsylvania Transportation Auth., 302 A.3d 1261 (Pa. Commw. Ct. 2023), appeal granted, No. 245 EAL 2023, 2024 WL 1044586 (Pa. Mar. 11, 2024), the Pennsylvania Supreme Court was asked whether Section...more

White and Williams LLP

A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

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Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Stays in a Minority of Two States in Prohibiting Evidence of Compliance With Government and Industry Standards in...

Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more

Houston Harbaugh, P.C.

Important Pennsylvania Supreme Court Opinion in Hangey v. Husqvarna Professional Products, Inc: Venue analysis cannot solely rely...

Houston Harbaugh, P.C. on

On November 22, 2023, the Supreme Court of Pennsylvania clarified the “quality-quantity” test used to determine whether a company “regularly conducts business” in a county under Pa. R.Civ.P. Rule 2179(a)(2). In Hangey v....more

Ballard Spahr LLP

PA Supreme Court Holds that Philadelphia Taxpayer may not Claim City Wage Tax Credit for Taxes Paid to Another State

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In a 3-2 decision in Zilka v. Tax Review Board, the Pennsylvania Supreme Court upheld the Commonwealth Court and sided with the City of Philadelphia Department of Revenue in a case addressing whether a City resident was...more

Husch Blackwell LLP

0.005% of National Revenue from Philadelphia County Held Sufficient to Support Venue

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Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate...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

Troutman Pepper

PA Appellate Court Issues Strong Reminder: CASPA’s Fee-Shifting Mechanism Applies to Subcontractors, Contractors, and Owners Who...

Troutman Pepper on

SDSP, LLC v. Attias, 2023 Pa. Super. Unpub. LEXIS 1518 - The Superior Court of Pennsylvania vacated a multimillion-dollar award to subcontractors arising from a payment dispute, and remanded the matter to the trial court...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Simon Says Protect My Reputation: Understanding Pennsylvania’s Constitutional Right To Reputation

Unlike the United States Constitution, the Pennsylvania Constitution explicitly identifies reputation as a fundamental right. Although Pennsylvanians have enjoyed this right since 1790, jurists largely ignored reputation’s...more

Marshall Dennehey

The New and Broadened Law Governing Venue in Pennsylvania Medical Malpractice Cases

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Key Points: Recent Pennsylvania Supreme Court actions may dramatically broaden the counties in which plaintiffs may file medical malpractice actions. Such actions can now be filed and litigated hundreds of miles from the...more

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

Jackson Lewis P.C.

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

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The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral...more

Houston Harbaugh, P.C.

Market Enhancement Clauses in Pennsylvania After Dressler Family, LP v. PennEnergy Resources, LLC

Houston Harbaugh, P.C. on

Many Pennsylvania landowners have leases with “market enhancement” royalty clauses. These clauses typically prohibit the deduction of any post-production costs that are incurred transforming the gas into marketable form. Once...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Pennsylvania Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - November 15th, 1:00 pm -...

The Pennsylvania edition of this program offers a year in review of the biggest cases and legislation from 2022. Additionally, attorneys Chris Davis and Michael Hyland will look to the future for 2023 to discuss trends,...more

Cozen O'Connor

Commonwealth Court of Pennsylvania Reverses the PUC and Upholds Certain Municipal Permitting Fees

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In February 2021, the Pennsylvania Public Utility Commission (PUC) issued a declaratory order finding that a utility did not need to pay certain municipal permitting fees because those fees were preempted by the Pennsylvania...more

White and Williams LLP

Personal Jurisdiction: Scotus to Decide if Registration by Out-of-state Corporations Confers General Jurisdiction

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On April 25, 2022, the U.S. Supreme Court granted certiorari of a case in which the Pennsylvania Supreme Court held that an out-of-state corporation’s mere registration to conduct business within the Commonwealth did not...more

Pillsbury - Policyholder Pulse blog

Faulty Workmanship May Still Be Covered in Pennsylvania

If you were to look for a quick answer regarding whether a commercial general liability (CGL) policy covers damage resulting from faulty workmanship under Pennsylvania law, you’d likely come out believing the answer is...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

Cozen O'Connor

Pennsylvania Support Changes

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January 1, 2022 saw the changes made pursuant to Pennsylvania’s quadrennial review of child support go into effect. While most of the changes and updates were minor, there are some that may impact existing child support...more

White and Williams LLP

Tipping Point! Are PA's Damages Limits for Commonwealth Agencies About to be Eliminated or Changed After 40 Years?

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For over 40 years, Pennsylvania law has limited monetary damages recoverable for tort liability from Commonwealth agencies and local government entities. Under 42 Pa. C.S.A. § 8528, damages recoverable against a Commonwealth...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

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