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  • Synthes USA HQ v. Commonwealth, Aplt.

    Supreme Court of Pennsylvania · Feb 22, 2023

    the OAG’s authority to appeal the Commonwealth Court’s decision to this Court. 18 Section 4.1 of Article IV of the Pennsylvania Constitution, as adopted in 1978, provides that an “Attorney General shall be chosen by the qualified … Indeed, it contends that the “Commonwealth” was clearly aggrieved by the remand order in this case as it had a “substantial, direct, and immediate interest” in the potential refund of $2 million of taxes to Synthes.

    Cited 0 timesPublished
  • Commonwealth v. Martinolich

    456 Pa. 136 · Supreme Court of Pennsylvania · Mar 25, 1974

    In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … In fact, the record clearly indicates . . . that defense counsel, more so than the prosecuting attorney, desired that the guns be admitted into evidence.

    Cited 84 timesPublished
  • In the Int. of: K.T. Apl of: K.T.

    Supreme Court of Pennsylvania · Jun 21, 2023

    Would predictions of outbursts, anxiety, or nightmares suffice to establish that a child’s reaction is more than adverse? … The Juvenile Act also lists several exceptions to the expectation that an agency must file a petition to terminate parental rights and “identify, recruit, process and approve a qualified family to adopt the child” after a

    Cited 0 timesPublished
  • In the Int. of: K.T. Apl of: CYF

    Supreme Court of Pennsylvania · Jun 21, 2023

    Would predictions of outbursts, anxiety, or nightmares suffice to establish that a child’s reaction is more than adverse? … The Juvenile Act also lists several exceptions to the expectation that an agency must file a petition to terminate parental rights and “identify, recruit, process and approve a qualified family to adopt the child” after a

    Cited 0 timesPublished
  • Commonwealth v. Treiber, S., Aplt

    632 Pa. 449 · Supreme Court of Pennsylvania · Aug 17, 2015

    Halverson was qualified to undertake the testing and that the procedures were straightforward. See id. at 39-40. … Appellant highlighted the Leuluaialii court’s determination that canine DNA evidence “clearly involved novel scientific theory: the forensic identification with high statistical probabilities of a specific dog,” as well as

    Cited 633 timesPublished
  • In Re: Magisterial District Judge Mark Bruno

    Supreme Court of Pennsylvania · Oct 1, 2014

    The CJD should establish a “fast track” mechanism for addressing interim suspension requests. 5. … Members of the CJD enjoy immunity “from suit for all conduct in the course of their official duties.” PA. CONST. art. V, § 18(b)(6). Section 18(d) demarcates the constitutional bounds of the CJD’s authority.

    Cited 0 timesPublished
  • Industrial Uniform Rental Co. v. International Harvester Co.

    317 Pa. Super. 65 · Supreme Court of Pennsylvania · Jul 15, 1983

    The trial court in its opinion stated that the uncontradicted evidence established that the plaintiffs were seeking damages for defects of quality evidenced by internal deterioration or breakdown which constituted economic … This general rule projected by Seely, supra, and Mid Continent, supra, has been qualified in diverse fashion.

    Overruled by REM Coal Co., Inc. v. Clark Equip. Co., 386 Pa. Super. 401 (1989)Cited 27 timesPublished
  • Clean Air Council, Aplts v. DEP and Sunoco

    Supreme Court of Pennsylvania · Feb 22, 2023

    The Gerharts also clearly misunderstand Pa.R.A.P. 2139. … In making that assessment, the Board is free to apply Kwalwasser (as qualified by Solebury), the catalyst test (as arguably endorsed by Solebury), or another standard that does not exceed the modest limitations that we

    Cited 0 timesPublished
  • Gerhart, S. v. DEP, Aplt.

    Supreme Court of Pennsylvania · Feb 22, 2023

    The Gerharts also clearly misunderstand Pa.R.A.P. 2139. … In making that assessment, the Board is free to apply Kwalwasser (as qualified by Solebury), the catalyst test (as arguably endorsed by Solebury), or another standard that does not exceed the modest limitations that we

    Cited 0 timesPublished
  • EQT Production Co v. DEP, Aplt.

    Supreme Court of Pennsylvania · Mar 28, 2018

    Thus, it was the court’s position that passive movement of industrial waste cannot establish infractions. See id. at 436. … See id. at 436 (“Had the General Assembly intended that a violation of Section 301 . . . would result in a continuing violation until remediation is achieved, [it] would have clearly stated as such.”).

    Cited 0 timesPublished
  • Commonwealth v. Parrish, M., Aplt.

    Supreme Court of Pennsylvania · Jan 22, 2020

    legality of the evidence to be introduced against him at trial,” and to obtain all available discoverable material; failing to file a motion in limine to exclude allegedly inflammatory autopsy photos; failing to properly qualify … Our own independent review of the vacuous statement filed by PCRA counsel leads us to conclude that it is so wholly lacking in comportment with Rule 1925(b)’s basic requirements that a finding of waiver is clearly warranted

    Cited 0 timesPublished
  • In Re: Special Prosecutor, Thirty-Fifth Statewide Investigating Grand Jury

    Supreme Court of Pennsylvania · Aug 26, 2015

    Clearly he has determined SEALED that for him to prosecute and pursue this matter any further would supersede the authority of the sitting District Attorney in Montgomery County … establish standing on his behalf.

    Cited 0 timesPublished
  • Commonwealth v. Laird

    1004 Pa. 119 · Supreme Court of Pennsylvania · Jul 20, 2015

    Such testimony clearly pertained only to the victim’s personal qualities and had no other relevance to the sentencing proceeding. … The claims pertained to allegations that counsel failed to life-qualify the jury and that the jurors were exposed to extraneous influences. Appellant does not challenge these dismissals on appeal. .

    Cited 39 timesPublished
  • In Re: Order Amending Rules 102, 120, 121, 907, 1112, 1113, 1311, 1701, 2315, 2321, 2323, and Rescinding Rule 3304 of PA Rules of Appellate Procedure

    Supreme Court of Pennsylvania · Jan 7, 2020

    additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly … Compare 42 Pa.C.S. § 5574 (effect of application for amendment to qualify for interlocutory appeal).

    Cited 0 timesPublished
  • Order Amending Rules 1910.11, 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, 1910.18, and 1910.19 and Rescinding Rule 1910.16 of the PA Rules of Civil Procedure

    Supreme Court of Pennsylvania · Dec 28, 2018

    For this reason, subsection (2) provides that no adjustment to the total child care expenses may be made if the eligible parent does not qualify to receive the credit. … For this reason, subsection (2) provides that no adjustment to the total child care expenses may be made if the eligible parent does not qualify to receive the credit.

    Cited 0 timesPublished
  • Commonwealth v. Laird

    632 Pa. 332 · Supreme Court of Pennsylvania · Jul 20, 2015

    Such testimony clearly pertained only to the victim’s personal qualities and had no other relevance to the sentencing proceeding. … The claims pertained to allegations that counsel failed to life-qualify the jury and that the jurors were exposed to extraneous influences. Appellant does not challenge these dismissals on appeal. .

    Cited 5 timesPublished
  • Safe Harbor Water Power Corp. v. Fajt

    583 Pa. 234 · Supreme Court of Pennsylvania · Jun 21, 2005

    We also cited several revenue statutes that clearly mandated settlement prior to collection. … 41a. [2] Although each utility company must calculate its tax liability premised upon its state taxable value, see 72 P.S. § 8102-A, and this value is statutorily defined as the cost minus depreciation as per books of any qualifying

    Cited 12 timesPublished
  • Commonwealth, Aplt. v. Williams, C.

    636 Pa. 105 · Supreme Court of Pennsylvania · Jul 19, 2016

    Pennsylvania Rule of Evidence 702 provides that a witness so qualified may testify as an expert if: “(a) the expert’s scientific, technical, or other specialized knowledge is beyond that possessed by the average layperson … While we disagree that the record supports a finding that appellate counsel was unaware that he had to raise both record- and non-record-based claims at the earliest opportunity, the record clearly supports a finding that

    Cited 133 timesPublished
  • Commonwealth v. Walter

    632 Pa. 174 · Supreme Court of Pennsylvania · Jul 20, 2015

    Where a relevant photograph is “gruesome or inflammatory” and “likely to inflame the passions of the viewer,” a trial court may admit it only if its “essentially evidentiary value ... clearly outweighs the likelihood of inflaming … The mere fact that certain cases have been removed from the ambit of capital litigation shows that the death penalty continues to be a viable and proper sentence for those ... who qualify as the “worst of the worst.”

    Cited 37 timesPublished
  • In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule

    Supreme Court of Pennsylvania · Jan 21, 2020

    Compare 42 Pa.C.S. § 5574 (effect of application for amendment to qualify for interlocutory appeal).] Pa.R.A.P. 1311 originally implemented only 42 Pa.C.S. § 702(b) (interlocutory appeals by permission). … Paragraph (a) codifies a well-established principle. See, [e.g.], for example, Merrick Estate, 247 A.2d 786, 787 (Pa. 1968); Corace v. Balint, 210 A.2d 882, 889 (Pa. 1965).

    Cited 0 timesPublished

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