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The Pennsylvania Superior Court subsequently held that imposing increased criminal penalties for refusing to submit to a warrantless blood test was unconstitutional. [read post]
21 Mar 2019, 7:43 am by Brandon Harter
That all changed in the January 2019 decision by the Pennsylvania Superior Court in Pittsburgh Logistics Systems v. [read post]
20 Mar 2019, 5:40 am by Daniel E. Cummins
.), the Pennsylvania Superior Court addressed the propriety of an appeal from an Order entering summary judgment for less than all of the Defendants. [read post]
19 Mar 2019, 7:24 am by Katherine Kelley
Unlike the Brookings report, the list that follows is not based principally on court documents. [read post]
14 Mar 2019, 12:35 pm by Schachtman
What should be a per curiam affirmance of the Superior Court, however, could result in another act of asbestos exceptionalism by Pennsylvania Supreme Court. [read post]
11 Mar 2019, 8:02 pm by Howard Bashman
Programming note: On Tuesday, appeals in two separate cases on which I am working will be argued in Philadelphia before a three-judge panel of the Superior Court of Pennsylvania. [read post]
As recently discussed in a case in which the Pennsylvania Superior Court overturned a DUI conviction if the police conduct an investigatory search of a person without a reasonable justification of the search, any evidence obtained during the search should be suppressed. [read post]
10 Mar 2019, 11:51 am by Peter Mahler
Pennsylvania: Stock Redemption Agreement’s “Adjusted Net Book Value” Provision Permits Marketability and Minority Discounts  In Hornberger v Dave Gutelius Excavating, 176 A.3d 939 [Pa. [read post]
7 Mar 2019, 11:24 am by Mark Ashton
 The first is the decision about two decades ago by the Superior Court and Commonwealth Court to issue non-precedential opinions. [read post]
5 Mar 2019, 10:51 am by Daniel E. Cummins
  As the amendments to Pa.R.A.P. 126 are not retroactive, previous memoranda opinions issued by the Pennsylvania Superior Court still cannot be cited as precedential. [read post]
4 Mar 2019, 9:44 am by Michael A. Conforti
A Pennsylvania federal court recently dismissed with prejudice a substantially similar suit, in which the judge directly chastised the Oregon District Court’s decision to hear such a case. [read post]
1 Mar 2019, 3:30 am by Eric B. Meyer
In January, the Pennsylvania Superior Court ruled (here) that a no-hire provision “exceeds the necessary protection [that a company] needs to secure its business, and is void as a matter of public policy. [read post]
26 Feb 2019, 8:21 am by Denise Elliott
”  In support of its finding that the two acts were not in conflict, the Delaware court cited to the 2017 decision of the Rhode Island Superior Court and the 2018 decision of the U.S. [read post]
25 Feb 2019, 12:21 pm by Zachary B. Cooper, Attorney at Law, P.C.
The Superior Court of Pennsylvania recently explained what constitutes sufficient evidence of DUI general impairment, in a case in which it affirmed the defendant’s conviction. [read post]
21 Feb 2019, 12:00 am by Daniel E. Cummins
The Superior Court in Mangelrelied on its own 2011 decision in Commonwealth v. [read post]
This was recently illustrated in a case in which the Superior Court of Pennsylvania upheld a defendant’s DUI conviction, despite the fact that the officer who testified at trial regarding the results of the field sobriety test was not an expert and had merely observed the test from afar. [read post]