Case law
Opinions from 1658 to today.
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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 timesPublished456 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 timesPublishedIn 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 timesPublishedIn 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 timesPublishedCommonwealth 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 timesPublishedIn 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 timesPublishedIndustrial 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 timesPublishedClean 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 timesPublishedSupreme 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 timesPublishedEQT 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 timesPublishedCommonwealth 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 timesPublishedIn 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 timesPublished1004 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 timesPublishedSupreme 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 timesPublishedSupreme 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 timesPublished632 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 timesPublishedSafe 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 timesPublishedCommonwealth, 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 timesPublished632 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 timesPublishedSupreme 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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