Pennsylvania Supreme Court

Sharply Divided Supreme Court Holds that Officer Detained Motorist by Activating his Emergency Lights

A state trooper’s interaction with a motorist, which included activating his vehicle’s overhead lights as he approached her parked vehicle, constituted an investigative detention, the Pennsylvania Supreme Court held in Com. v. Barnes

By | 2017-05-19T22:51:27+00:00 September 14th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , |Comments Off on Sharply Divided Supreme Court Holds that Officer Detained Motorist by Activating his Emergency Lights

Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege

An adult’s allegation of sexual misconduct against her former teacher was not judicially privileged because she made the allegation prior to commencement of a quasi-judicial proceeding and without intent that such a proceeding occur, the Pennsylvania Supreme Court held in Schanne v. Addis

By | 2015-08-28T11:00:27+00:00 August 31st, 2015|Categories: Civil Litigation|Tags: , , , , , , , |Comments Off on Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege

Reference to Benevolent Gesture Statute Added to Rules of Evidence

On July 30, 2015, the Pennsylvania Supreme Court ordered a revision of the Comment to Pennsylvania Rule of Evidence 409 (Offers to Pay Medical and Similar Expenses).

By | 2015-08-12T12:00:22+00:00 August 14th, 2015|Categories: Civil Litigation, General|Tags: , , , , , |Comments Off on Reference to Benevolent Gesture Statute Added to Rules of Evidence

Supreme Court Rules in Dispute over Timing of Second- to First-Class Township Referendum Questions

Second- to first-class township referendum questions must be submitted to voters at the first general or municipal election occurring at least 90 days after fulfilling both a population density and a petition signature filing requirement in the First Class Township Code, the Pennsylvania Supreme Court held in In Re: Petition to Submit Ballot Question to Concord Township Voters

By | 2015-08-05T15:07:12+00:00 August 13th, 2015|Categories: Municipal Law|Tags: , , , , , , , |Comments Off on Supreme Court Rules in Dispute over Timing of Second- to First-Class Township Referendum Questions

Philadelphia not Required to Immediately Fill Fire Captain and Lieutenant Vacancies

Neither its home rule charter nor civil service regulations required the City of Philadelphia to immediately fill vacancies in fire captain and fire lieutenant positions, the Pennsylvania Supreme Court held in Philadelphia Firefighters’ Union, Local 22 v. City of Philadelphia.

By | 2017-05-19T22:51:27+00:00 August 12th, 2015|Categories: Employment Law, Labor Law, Municipal Law|Tags: , , , , , , , , , , |Comments Off on Philadelphia not Required to Immediately Fill Fire Captain and Lieutenant Vacancies

Insured may Accept “Fair and Reasonable” Settlement without Insurer’s Consent

An insured did not forfeit its insurance coverage when it reasonably settled a lawsuit without the insurer’s consent, where the insurer had defended the suit subject to a reservation of rights, the Pennsylvania Supreme Court held in Babcock & Wilcox Co. v. American Nuclear Insurers.

By | 2017-05-19T22:51:27+00:00 August 11th, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , , , |Comments Off on Insured may Accept “Fair and Reasonable” Settlement without Insurer’s Consent

Supreme Court Amends Rules Governing Actions for Custody of Minor Children

The Pennsylvania Supreme Court has announced amendments to the Rules of Civil Procedure governing actions for custody of minor children.

By | 2017-05-19T22:51:27+00:00 August 6th, 2015|Categories: Civil Litigation, Family Law|Tags: , , , , , , , , , , , |Comments Off on Supreme Court Amends Rules Governing Actions for Custody of Minor Children

Supreme Court Approves New Rules on Use of Electronic Devices by Jurors

On July 7, 2015, the Pennsylvania Supreme Court adopted new Rules of Criminal Procedure, and revised and renumbered other Rules, to provide for instructions to prospective and selected jurors concerning the use of personal electronic devices during their service.

By | 2017-05-19T22:51:28+00:00 July 29th, 2015|Categories: Civil Litigation, Criminal Law, General|Tags: , , , , , |Comments Off on Supreme Court Approves New Rules on Use of Electronic Devices by Jurors

Civil Rules Amended to Provide Protection for Victims of Sexual Violence or Intimidation

By order dated June 29, 2015, the Pennsylvania Supreme Court adopted Rules 1951-1959 of Civil Procedure to establish procedures for actions brought under the Protection of Victims of Sexual Violence or Intimidation Act, 42 Pa. C.S. §§62A01-62A20.

By | 2017-05-19T22:51:28+00:00 July 15th, 2015|Categories: Civil Litigation, Family Law|Tags: , , , , , , , |Comments Off on Civil Rules Amended to Provide Protection for Victims of Sexual Violence or Intimidation

Supreme Court Clarifies Procedure for Post-Trial Relief in Matters on Remand

By order dated July 2, 2015, the Pennsylvania Supreme Court adopted an amendment to Pennsylvania Rule of Civil Procedure 227.1 to address when a motion for post-trial relief is necessary to preserve issues resolved by a trial court in a remanded matter.

By | 2015-07-10T15:15:53+00:00 July 14th, 2015|Categories: Civil Litigation|Tags: , , , , , , |Comments Off on Supreme Court Clarifies Procedure for Post-Trial Relief in Matters on Remand