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557 Pa. 595 (1999) | Cited 367 times
... SUBMITTED January 13, 1998 Opinion The issue in this declaratory judgment action is whether a pollution exclusion clause in a policy of commercial general liability insurance issued to Appellant, Madison Construction Company ("Madison"), by Appellee, Harleysville Mutual Insurance Company ...
554 Pa. 134 (1998) | Cited 313 times
... ARGUED: February 3, 1998 OPINION In this appeal, we address important issues regarding sexual harassment litigation under the Pennsylvania Human Relations Act (the Act) 1 and under the common law tort of the intentional infliction of emotional distress. For the reasons that follow, we affirm the ...
641 A.2d 289 (1994) | Cited 248 times
... ORDER PER CURIAM: Order affirmed. Mr. Justice Papadakos files a Dissenting opinion. Mr. Justice Montemuro is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1800, due to the unavailability of Mr. Justice Larsen, see No. 127 Judicial Administration Docket ...
813 A.2d 726 (2002) | Cited 247 times
... ARGUED: March 4, 2002 OPINION This court granted the instant appeal to consider whether the Superior Court erred in failing to remand Appellant's claims related to prosecutorial misconduct and trial counsel ineffectiveness for an evidentiary hearing to the trial court. For the reasons stated ...
870 A.2d 850 (2005) | Cited 227 times
... ARGUED: April 15, 2004 OPINION These are consolidated appeals, in which Appellant Eric Fine ("Fine") sued Appellee Mary Anne Checcio, D.D.S. ("Dr. Checcio"), and Appellee Rosezetta Marie Ward ("Ward") sued Appellants Jeffrey W. Rice, D.M.D. and Jeffrey W. Rice, D.M.D., P.C. (collectively, "Dr. ...
578 Pa. 479 (2004) | Cited 226 times
... ARGUED: March 2, 2004 Appellants, the Pittsburgh Steelers Sports, Inc., t/d/b/a the Steelers Pittsburgh Football Club, and the Sports & Exhibition Authority of Pittsburgh and Allegheny County (collectively, the "Steelers"), appeal from the order of the Commonwealth Court which reversed the order ...
649 A.2d 680 (1994) | Cited 212 times
... OPINION BY KELLY, J.: In this appeal and cross-appeal, we must determine whether the trial court's findings of fact are adequately supported by evidence. In addition, we are asked to determine whether the trial court properly concluded that appellee, Prudential Property and Casualty Insurance ...
556 Pa. 489 (1999) | Cited 192 times
... [J-154-98] Appeal of: Coldwell Banker Real Estate, Inc. ARGUED: September 14, 1998 OPINION This is an appeal by Coldwell Banker Real Estate (Coldwell Banker) from an Order of the Superior Court, which affirmed the determination of the Court of Common Pleas of Allegheny County (Chancellor). ...
565 Pa. 571 (2001) | Cited 190 times
... ARGUED: March 5, 2001 OPINION Following the termination of his employment as a tenured law professor, the Appellant, Cornelius F. Murphy, Jr., ("Murphy"), sued the Appellee, Duquesne University of the Holy Ghost (the "University"), for breach of the parties' tenure contract. Murphy appeals from ...
870 A.2d 766 (2005) | Cited 183 times
... RE-SUBMITTED: September 29, 2004 OPINION This is an appeal from a Superior Court decision affirming in part and reversing in part the order of the trial court which, in pertinent part here, refused to set aside a jury award of punitive damages for a claim arising out of negligent supervision. The ...
879 A.2d 166 (2005) | Cited 179 times
... ARGUED: April 15, 2004 OPINION In this appeal, we are asked to interpret a common, yet controversial, insurance policy provision which extends coverage to an insured for "damage caused by or resulting from risks of direct physical loss involving collapse of a building or any part of a building ...
719 A.2d 306 (1998) | Cited 162 times
... (J213-1996) WE REMAND THE MATTER TO THE COURT OF COMMON PLEAS SO APPELLANT MAY FILE A SUPPLEMENTAL 1925(b) STATEMENT TO INCLUDE THE ADDITIONAL FIVE ISSUES HE RAISED ON APPEAL JURISDICTION RELINQUISED Madame Justice Newman files a Concurring Opinion. ...
828 A.2d 1043 (2003) | Cited 159 times
... ARGUED: October 15, 2001 OPINION OF THE COURT This Court granted allowance of appeal to determine whether the Workers' Compensation Judge ("WCJ") in this case failed to adequately explain on the record why she rejected claimant/appellant's conflicting medical evidence pursuant to Section 422(a) ...
647 A.2d 882 (1994) | Cited 151 times
... JUSTICE MONTEMURO This is an appeal by Concern Professional Services Children and Youth; Concern's Director, Paul Ernst; [ILLEGIBLE WORDS] Adoption Specialist, Marsha S. Hiester (hereinafter colle [ILLEGIBLE WORDS] Concern); and Northampton County Children and Youth; its Ex [ILLEGIBLE WORDS] ...
758 A.2d 1155 (2000) | Cited 147 times
... Appeal from the Orders and Opinion of the Court of Judicial Discipline (Sylvester, PJ., Messa, McEwen, Sweeney, Panella, Byer, Russo, JJ.), dated October 19, 1999, and December 2, 1999, dismissing the complaint of the Judicial Conduct Board. ORDER AND NOW, this 28th day of September, 2000, the ...
555 Pa. 534 (1999) | Cited 146 times
... [ J-163-1998] ARGUED: September 15, 1998 OPINION We granted allocatur to address the issue of whether an insurance carrier has a duty to defend and possibly indemnify an insured pharmacist against a claim that is based upon his distribution of controlled substances, when the insurance policy ...
790 A.2d 363 (2002) | Cited 134 times
... Argued: December 4, 2001 OPINION The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (PennDOT) appeals from an order of the Court of Common Pleas of Bucks County (trial court) sustaining Albert John Schneider's (Schneider) appeal from PennDOT's requirement ...
565 Pa. 612 (2001) | Cited 128 times
... ARGUED: January 30, 2001 OPINION OF THE COURT Appellants in this consumer class action argue that Superior Court misconstrued the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. § 201-1 et seq., and erroneously interpreted and applied the standards for class ...
550 A.2d 213 (1988) | Cited 127 times
... This case is on remand from the United States Supreme Court, 1 which, in reversing a three-judge panel of this Court, 2 concluded that federal constitutional law did not require that Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), be made applicable to collateral ...
554 Pa. 249 (1998) | Cited 126 times
... Case DECIDED and Judgment entered in the following Castille, J. J-59-98] THE ORDER OF THE COMMONWEALTH COURT IS REVERSED AND THE MATTER IS REMANDED MR. JUSTICE NIGRO FILES A DISSENTING OPINION IN WHICH MR. JUSTICE SAYLOR JOINS. MR. JUSTICE SAYLOR FILES A DISSENTING OPINION ...
721 A.2d 1152 (1998) | Cited 125 times
... Submitted: July 24, 1998 Timothy Hoffmaster (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed as modified an order of the Workers' Compensation Judge (WCJ). We affirm. Claimant was injured in the course and scope of his employment with ...
282 A.2d 206 (1971) | Cited 124 times
... We have before us three appeals from the judgments entered on jury verdicts in favor of plaintiffs, the parents and administrators of the Estate of Mary Ann Incollingo (herein "Mary Ann"), a minor, on account of injuries to and the death of the minor allegedly caused by the wrongful administration ...
873 A.2d 710 (2005) | Cited 123 times
... OPINION ¶ 1 Mark A. Sullivan appeals from the trial court order entered on November 17, 2003, granting Appellee's, Chartwell Investment Partners, LP, preliminary objections to Appellant's amended complaint and dismissing it with prejudice. We vacate the order and remand. ¶ 2 On November 19, 2002, ...
554 Pa. 31 (1998) | Cited 123 times
... (J115-1997) WE AFFIRM THE PCRA COURT'S DENIAL OF PCRA RELIEF Mr. Justice Nigro files a Concurring opinion which is joined by Mr. Justice Castille. ...
899 A.2d 1136 (2006) | Cited 119 times
... Petition for Reconsideration Filed May 8, 2006; Petition for Reargument Denied June 26, 2006 BEFORE: HUDOCK, POPOVICH and JOHNSON, JJ. OPINION ¶ 1 Erie Insurance Exchange and Erie Insurance Group (Erie) appeal from the judgment entered April 28, 2004, in favor of Jamie E. Condio, administratrix ...
2000 Pa.Super. 117 (2000) | Cited 115 times
... OPINION ¶ 1 Appellants, Marion and Steele McKeeman and Rose Chendorian, appeal from an order of the Court of Common Pleas of Philadelphia County, which granted Appellee Security Abstract of PA, Inc.'s preliminary objections. We affirm, in part, and reverse, in part. ¶ 2 The record reflects that ...
711 A.2d 458 (1998) | Cited 115 times
... [J-136-1997] Argued September 16, 1997 Appellants Weldon R. Evans (Evans), FORC Company, and Lend-Lease, Inc. request this Court to examine whether the Court of Common Pleas of Allegheny County (trial court) abused its discretion in granting a new trial based on its determination that the verdict ...
724 A.2d 326 (1999) | Cited 114 times
... J-193-1997 Appeal from the Order of the Superior Court dated September 19, 1996, at No. 952 Philadelphia 1995, reversing/vacating and remanding the Order of the Northumberland County Common Pleas Court dated February 15, 1995 at Nos. 30 C 1989 and 31 C 1989 683 A.2d 666 (Pa. Super. 1996) ...
2003 Pa.Super. 374 (2003) | Cited 113 times
... ¶ 1 In these consolidated appeals and cross-appeals of Paul and Saundra Griffith ("Griffiths") and Pittsburgh Construction Company ("PCC"), we are asked to determine several issues regarding the jury awards on claims for breach of contract and conversion in favor of PCC and against the Griffiths ...
527 A.2d 973 (1987) | Cited 113 times
... Opinion OF THE COURT In this appeal, once again we are required to consider the standard for analyzing ineffectiveness of counsel claims and are specifically asked to compare our previously announced standard of Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967), with the ...
884 A.2d 316 (2005) | Cited 112 times
... BEFORE: LALLY-GREEN, GANTMAN, AND CAVANAUGH, 1 JJ. OPINION ¶ 1 Appellant, James P. Arnold, appeals from the judgment entered in the Susquehanna County Court of Common Pleas in favor of Appellees, David L. Hart and Ann B. Hart, in his action for breach of contract and related claims. Appellant ...
754 A.2d 650 (2000) | Cited 111 times
... [J-2-2000] ARGUED: January 31, 2000 OPINION ANNOUNCING THE JUDGMENT OF THE COURT This is an appeal from an order of Superior Court which vacated a judgment of the court of common pleas and remanded for a new trial in a medical malpractice case involving claims of negligence, intentional ...
729 A.2d 1200 (1999) | Cited 111 times
... ¶ 1 William Moore, III (Moore), appeals from the order entered in the Court of Common Pleas of Chester County denying his post-trial motions and entering judgment on a jury verdict of $130,000.00 awarded to Appellee, Thomas Mitchell (Mitchell). We affirm in part and reverse in part. ¶ 2 Thomas ...
576 Pa. 644 (2003) | Cited 110 times
... ARGUED: September 9, 2002 Mr. Chief Justice Cappy filed the Opinion that announces the judgment of the Court. Parts I, IV, V, and VI of the Opinion, which are joined by Messrs. Justice Saylor, Castille, and Eakin, express the view of the majority of the Court. Part II of the Opinion is joined by ...
832 A.2d 962 (2003) | Cited 109 times
... ARGUED: April 8, 2002 OPINION These are consolidated direct appeals from the orders of the Court of Common Pleas of Erie County, striking down certain provisions of the statute commonly known as Megan's Law, as amended in 2000. The primary question presented is whether the statute's registration, ...
724 A.2d 319 (1999) | Cited 105 times
... OPINION OF THE COURT This Court granted allocatur to determine whether a decision by the Pennsylvania Board of Probation and Parole (hereinafter "Parole Board") to deny an application for parole upon expiration of an inmate's minimum sentence and thereafter is uniquely one of administrative ...
745 A.2d 606 (2000) | Cited 100 times
... OPINION MR. JUSTICE NIGRO DECIDED: JANUARY 28, 2000 The issue presently before this Court is whether the Superior Court erred in finding that appellants' complaint was untimely filed. At the conclusion of a three-day trial, the jury returned a verdict for appellants on their claim for promissory ...
734 A.2d 901 (1999) | Cited 100 times
... 1999 PA Super 161 ¶ 1 Appellant, Mary O'Donnell, through her attorney-in-fact Joan Mitro, appeals from the judgment entered in the Chester County Court of Common Pleas following an unsuccessful jury trial in an action for bad faith against her insurer, Allstate Insurance Company (Allstate). For ...
787 A.2d 376 (2001) | Cited 99 times
... ARGUED: October 17, 2000 OPINION The St. Paul Companies, Inc. ("St. Paul") appeals from an Order of the Superior Court that reversed the Order of the Court of Common Pleas of Delaware County ("trial court"), which granted St. Paul's motion for judgment notwithstanding the verdict. The jury found, ...
519 A.2d 385 (1986) | Cited 98 times
... OPINION OF THE COURT Appellant, Sunbeam Coal Corporation, appeals by allowance Superior Court's order reversing Butler County Common Pleas. 349 Pa. Super. 625, 503 A.2d 54. Common Pleas had denied appellees relief in their suit for a declaratory judgment. The court construed a coal "lease" they ...
892 A.2d 21 (2006) | Cited 98 times
... BEFORE: HUDOCK, ORIE MELVIN, and McCAFFERY, JJ. OPINION ¶1 Appellant, Raymond F. Lackner, appeals from the order of the Honorable Ronald W. Folino entered on August 24, 2004, in the Court of Common Pleas of Allegheny County, granting summary judgment in favor of Appellees and dismissing in its ...
562 Pa. 547 (2000) | Cited 96 times
... [J-32-1999] ARGUED: March 8, 1999 OPINION OF THE COURT The issue in this case is whether a therapist who treats a child for alleged parental sexual abuse owes a duty of care to the child's parents in a therapeutic treatment situation where the child allegedly has been abused by the parents. ...
826 A.2d 831 (2003) | Cited 93 times
... ARGUED: October 16, 2001 OPINION On October 1, 1998, a jury sitting in the Court of Common Pleas of Delaware County convicted appellant of first-degree murder, 1 rape, 2 aggravated assault, 3 kidnapping, 4 and abuse of corpse 5 in connection with the killing of ...
824 A.2d 1140 (2003) | Cited 93 times
... ARGUED: October 22, 2002 OPINION ANNOUNCING THE JUDGMENT OF THE COURT In a medical malpractice action, a jury awarded Kevin Toogood (Appellee or Mr. Toogood) the sum of $465,000.00. This Court granted allowance of appeal to decide whether the Court of Common Pleas of Philadelphia County (trial ...
883 A.2d 439 (2005) | Cited 92 times
... ARGUED: March 7, 2005 OPINION This is an appeal by allowance. We are asked to resolve whether the Superior Court properly reversed the trial court's entry of summary judgment, thus allowing the breach of warranty and punitive damages claims to proceed in this matter. For the reasons that follow, ...
559 Pa. 614 (1999) | Cited 92 times
... [J-62, 63 & 64-1999] OPINION We granted allocatur in these three consolidated cases to address the effect of an out-of-state conviction under New York's driving while ability impaired (DWAI) statute and Maryland's driving while under the influence (DUI) statute upon a Pennsylvania citizen's ...
895 A.2d 1250 (2006) | Cited 92 times
... CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ. ARGUED: October 18, 2005 OPINION ANNOUNCING THE JUDGMENT OF THE COURT This Court granted allowance of appeal limited to the issue of whether the Wilson Area School District ("School District" or "District") is entitled to restitution ...
716 A.2d 1231 (1998) | Cited 91 times
... March 11, 1998 Majority Opinion This appeal presents a question of first impression of whether Pennsylvania law recognizes a common law cause of action for wrongful discharge of an at-will employee for filing a workers' compensation claim. We hold that an at-will employee who alleges retaliatory ...
753 A.2d 293 (2000) | Cited 90 times
... Submitted: November 3, 1999 Wayne Daniels (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) granting the petition of Tristate Transport (Employer) to terminate the disability benefits awarded ...
576 Pa. 101 (2003) | Cited 90 times
... SUBMITTED: December 23, 2002 OPINION In Commonwealth v. Williams, ___ Pa. ___, 832 A.2d 962 (2003) ("Williams II"), this Court held that Megan's Law's registration, notification, and counseling provisions, as applied to individuals deemed sexually violent predators, do not constitute criminal ...
544 A.2d 927 (1988) | Cited 90 times
... OPINION OF THE COURT This case requires us to set forth the appropriate procedures for the withdrawal of court-appointed counsel in collateral attacks on criminal convictions. We deem it advisable to establish a procedure which is less cumbersome than that set forth in Anders v. California, 386 ...
742 A.2d 649 (1999) | Cited 89 times
... [J-51-98] ARGUED: March 9, 1998 OPINION We allowed appeal to examine two issues: (1) whether the Workers' Compensation Appeal Board properly granted a rehearing to allow a claimant to defend a termination petition, although the record was closed after the claimant previously failed to appear; ...
724 A.2d 293 (1999) | Cited 89 times
... [J-41-1994] PRIVATE Appeal from an Order of the Court of Common Pleas of Erie County at No. 1016 of 1981 entered March 26, 1993 denying Appellant's Amended PCRA Petition SUBMITTED: February 18, 1994 OPINION Alan Pursell (Appellant) appeals an Order of the Court of Common Pleas of Erie County ...
505 A.2d 973 (1985) | Cited 88 times
... In this action stating five separate claims for injuries allegedly sustained by five women against all pharmaceutical companies who allegedly manufactured diethylstilbestrol (DES), in which the women alleged that the drug had been ingested by their mothers (only one alleged that she had ingested ...
792 A.2d 1269 (2002) | Cited 86 times
... ¶1 This is an appeal from a judgment entered January 19, 2001 following the trial court's affirmance of its non-jury verdict in a breach of contract case. For the reasons that follow, we vacate that judgment and remand for entry of judgment in favor of appellant in an amount to be determined by the ...
736 A.2d 564 (1999) | Cited 86 times
... [J-38-99] SUBMITTED: February 10, 1999 OPINION We allowed appeal to consider Appellant's request for restoration of his right to file a direct appeal. The case presents the threshold issue of whether relief is available under the Post Conviction Relief Act on a prisoner's claim of ineffective ...
797 A.2d 1042 (2002) | Cited 86 times
... Submitted: January 11, 2002 OPINION Janet Nolan (Claimant) seeks review of the order of the Unemployment Compensation Board of Review (Board) that affirmed the referee's decision and denied benefits. We affirm. Claimant was employed by the Pennsylvania Liquor Control Board (Employer or PLCB) as ...
737 A.2d 1203 (1999) | Cited 85 times
... [ J-155-1998] ARGUED: September 15, 1998 OPINION We granted allocatur in this license suspension case to determine whether the arresting officer had reasonable grounds to believe that Appellant was operating or in actual physical control of a motor vehicle while under the influence of alcohol. ...
700 A.2d 979 (1997) | Cited 84 times
... OPINION BY HUDOCK, J.: Filed: September 4, 1997 In this appeal, Harry Strickland (Appellant) contends that the trial court erred in granting the preliminary objections of Appellee University of Scranton (the University) and the motions for summary judgment filed by both the University and ...
737 A.2d 214 (1999) | Cited 83 times
... Appeal from the Order of the Common Pleas Court of Philadelphia County, Trial Division, Criminal Section, at Nos. 2284-2289, dated December 19, 1997. ORDER AND NOW, this 27th. day of August, 1999, Appellant's "Application for Permission to File Supplemental Pleading and Motion for Remand to the ...
554 Pa. 547 (1998) | Cited 82 times
... [J-142-1998] SUBMITTED: August 11, 1998 This is an appeal from the denial of appellant's second PCRA petition. On September 24, 1982, in the Court of Common Pleas, Philadelphia County, appellant was convicted of two counts of murder of the first degree. He was sentenced to death for murdering two ...
827 A.2d 422 (2003) | Cited 81 times
... ARGUED: December 4, 2002 OPINION Appellant Karen Grieb (Grieb) seeks review of an Order of the Commonwealth Court, which affirmed the decision of the Unemployment Compensation Board of Review (Board) to deny the request of Grieb for unemployment benefits in accordance with the determination of ...
527 A.2d 988 (1987) | Cited 80 times
... Opinion In this appeal we have agreed to decide whether a compulsory non-suit was appropriately entered in a trespass action seeking recovery for intentional infliction of severe emotional distress by outrageous conduct as defined in section 46 of the Restatement (Second) of Torts. Previously this ...
747 A.2d 436 (2000) | Cited 79 times
... SUBMITTED: September 24, 1999 The issue presented is whether the testimony of Nancy Kelly (Claimant) at a January 5, 1999 hearing constitutes substantial evidence to support a finding that she was discharged from her employment due to willful misconduct under Section 402(e) of the Unemployment ...
868 A.2d 1228 (2005) | Cited 78 times
... OPINION ¶ 1 Clyde Crady Swisher, III (Swisher), appeals from the December 1, 2003 order sustaining the preliminary objections filed by Andrea Veletri, Ph.D. (Dr. Veletri), a psychologist who treated Swisher's ex-wife, Marylynne Pitz (Pitz). Along with sustaining Dr. Veletri's preliminary ...
713 A.2d 82 (1998) | Cited 77 times
... [J-038-98] Appeal from the Order of the Superior Court entered March 20, 1997 at No. 2531PHL95 Reversing and Remanding for a New Trial the Order of the Court of Common Pleas of Bucks County, entered June 26, 1995 at No. 90-00248-19-2 Argued February 4, 1998 OPINION OF THE COURT Patricia Rue ...
570 Pa. 148 (2002) | Cited 76 times
... ARGUED: May 14, 2002 OPINION This matter arose as a result of the assignment by Eugene Hoaster Company, Inc. (Hoaster), of the employment agreement and covenant not to compete of Appellant, W. Lawrence Hess (Hess), to Gebhard & Co. (Gebhard), as part of an asset sale of an insurance agency. After ...
557 Pa. 207 (1999) | Cited 75 times
... [J-141-98] SUBMITTED: July 21, 1998 OPINION This is an appeal from an order of the Court of Common Pleas of Philadelphia County denying post-conviction relief in this capital case. We affirm in part, and remand for limited further proceedings. On January 27, 1988, shortly after telling ...
2002 Pa.Super. 334 (2002) | Cited 74 times
... Petition for Reargument Filed November 13, 2002. OPINION ¶ 1 Appellants, Lawrence Smith and Jenkins, Jenkins, Siergiej and Smith, the "Jenkins Firm," appeal from the judgment of $461,000 entered on a jury verdict in favor of Appellees, Caesar and Saranne Gorski, hereinafter the "Gorskis." After ...
564 Pa. 603 (2001) | Cited 73 times
... [J-112A&B-2000] ORDER AND NOW, this 21 st day of March, 2001, the order of the Commonwealth Court is affirmed solely on the basis of our decision in Dean v. Commonwealth of Pennsylvania, Department of Transportation, 751 A.2d 1130 (Pa. 2000). The motion for summary affirmance is dismissed as ...
738 A.2d 518 (1999) | Cited 73 times
... SUBMITTED: May 21, 1999 Daniel Guthrie (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of an unemployment compensation referee (referee) denying Claimant benefits. We affirm. Claimant was employed with the Port Authority ...
738 A.2d 1033 (1999) | Cited 71 times
... ¶ 1 Appellants, David and Kathy Adamski, appeal from the November 5, 1998 Order granting appellee Allstate's motion for summary judgment in this insurance bad faith action. ¶ 2 This case arose from a motor vehicle accident that occurred on July 19, 1984. The accident involved a motorcycle driven ...
744 A.2d 745 (2000) | Cited 71 times
... SUBMITTED: September 15, 1999 [J-227-99] OPINION OF THE COURT This appeal presents the question of whether the Superior Court erred in reversing the trial court's decision to grant a new trial on the basis that the verdict was against the weight of the evidence. Appellant challenges both the ...
560 Pa. 135 (1999) | Cited 69 times
... [J-239-1998] ARGUED: November 17, 1998 OPINION The court granted allocatur to determine whether the Commonwealth Court erred in vacating a labor arbitrator's award. Because this court has stated differing iterations of the appropriate standard of review, in undertaking this inquiry, we are ...
578 Pa. 82 (2004) | Cited 69 times
... ARGUED: April 9, 2003 OPINION We granted review in this case to consider the trial court's decision to admit parol evidence on the meaning of the alimony provision in a property settlement agreement between Appellant Anthony Kripp and his former wife, Appellee Robin Kripp. For all of the reasons ...
781 A.2d 1189 (2001) | Cited 68 times
... ARGUED: March 5, 2001 OPINION OF THE COURT Appellant manufacturing corporations are insured by appellee insurance companies under comprehensive general liability policies. At issue is the insurers' obligation to indemnify the manufacturers for the costs of cleaning up environmental pollution ...
823 A.2d 146 (2003) | Cited 68 times
... ORDER AND NOW, this 3rd day of June, 2003, the Petition for Allowance of Appeal is DENIED. ...
465 A.2d 1231 (1983) | Cited 67 times
... ORDER AND NOW TO WIT this 21st day of September 1983, Petition for Allowance of Appeal [from Pa. Super. , A.2d 966] is granted. The judgment of sentence of the court of common pleas of Westmorelend County is vacated, and the matter is remanded to the court of common pleas for the purpose of ...
562 Pa. 455 (2000) | Cited 66 times
... [J-003-00] ARGUED: January 31, 2000 OPINION Appellants, Children's Hospital of Philadelphia (CHOP), Jeanne Park, M.D., 1 and Judy Bernbaum, M.D., claim that the Superior Court committed an error of law by vacating, in part, the Judgment of the Court of Common Pleas of Philadelphia County (trial ...
825 A.2d 1236 (2003) | Cited 65 times
... ARGUED: April 9, 2002 OPINION This Court granted review in this case to address the effect of the payment of injured on duty ("IOD") benefits to a Philadelphia police officer, under authority of Philadelphia's Civil Service Regulation 32, upon the City/employer's right to oppose the police ...
561 Pa. 462 (2000) | Cited 65 times
... [J-15-1998] ARGUED: February 2, 1998 OPINION This is an appeal by the Borough of Swarthmore from the Commonwealth Court's order reversing the order of the Workers' Compensation Appeal Board, which denied benefits to James Davis, a former police officer for the Borough. We granted the Borough's ...
556 Pa. 325 (1999) | Cited 65 times
... [ J-54-1998] ARGUED: March 9, 1998 This Court granted review in order to decide whether an employer seeking to terminate a claimant's workers' compensation benefits must disprove a causal relationship between the work-related injury and a subsequently alleged psychiatric injury where the employer ...
521 A.2d 920 (1987) | Cited 65 times
... Order Per Curiam: Order affirmed. Mr. Justice Larsen and Mr. Justice McDermott did not participate in the consideration or decision of this case. Disposition Affirmed. ...
808 A.2d 274 (2002) | Cited 63 times
... SUBMITTED: July 27, 2001 OPINION Employer, Tony DePaul & Son, and claimant, Thomas Rissi, cross-appeal from the order of the Workers' Compensation Appeal Board (Board), which affirmed the decision of the Workers' Compensation Judge (WCJ) denying DePaul's termination petition, directing ...
744 A.2d 717 (2000) | Cited 63 times
... [J-104-99] SUBMITTED : July 12, 1999 OPINION This is an appeal in a capital case from an order of the Court of Common Pleas of Philadelphia County denying post-conviction relief. On December 23, 1986, Appellant, William Basemore ("Basemore"), gained entry, without permission, to the premises of ...
714 A.2d 1027 (1998) | Cited 62 times
... Appeal from the Order of Superior Court entered August 29, 1996 at No. 149PHL96 vacating and remanding the Judgment entered on January 11, 1995 in the Court of Common Pleas, Montgomery County, Civil Division at 91-16566. ARGUED: December 8, 1997 ARGUED: December 8, 1997 OPINION OF THE COURT ...
531 A.2d 1122 (1987) | Cited 61 times
... This is a civil action based on a four-count Complaint filed by plaintiff-appellants, Henry and Jeanne Buczek (Buczeks), against defendant-appellees First National Bank of Mifflintown (Bank) and J. Alan Zendt (Zendt), an officer of the Bank. The Bank and Zendt both filed preliminary objections in ...
691 A.2d 476 (1997) | Cited 61 times
... OPINION BY CAVANAUGH, J.: FILED MAR 12 1997 This is an appeal from two judgments entered following jury verdicts in favor of appellee-plaintiff Louise Hoy in an action for sexual harassment. Judgment was entered in favor of Hoy and against her employer appellant-defendant Village Super Market, ...
723 A.2d 655 (1999) | Cited 59 times
... SUBMITTED: October 21, 1998 This appeal was allowed to determine whether, for purposes of drivers' license suspension under the implied consent provision of the Vehicle Code, 75 Pa.C.S. §1547(b)(1), a licensee must be afforded the entire three-minute period of a breathalyzer machine's test cycle ...
814 A.2d 879 (2003) | Cited 59 times
... Submitted: October 18, 2002 Morris Painting, Inc. (Employer) petitions for review from the order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) that denied Employer's modification petition. Carlos Piotrowski (Claimant), an ...
855 A.2d 854 (2004) | Cited 59 times
... ARGUED: December 2, 2003 OPINION ANNOUNCING THE JUDGMENT OF THE COURT We must decide today whether an insurance company owes a duty to defend or indemnify a homeowner for the wrongful death of his houseguest occasioned by his selling heroin to her. For the reasons that follow, we affirm the ...
684 A.2d 539 (1996) | Cited 58 times
... ORDER PER CURIAM AND NOW, this 25th day of October, 1996, petitioner's Emergency Application for Extraordinary Relief Pursuant to Rule 3309 for Emergency Supersedeas Stay is DENIED. Madame Justice Newman did not participate in the consideration or decision of this matter ...
203 A.2d 796 (1964) | Cited 58 times
... George H. Hambrecht, a Pennsylvania domiciliary, purchased a ticket from United Airlines, Inc. [United] in Philadelphia for a flight from Philadelphia to Phoenix, Arizona, and return. On July 11, 1961, he boarded a United DC-8 bound for Phoenix. In the course of landing at Denver, Colorado, a ...
809 A.2d 243 (2002) | Cited 58 times
... ORDER AND NOW, this 21st day of October, 2002, the Petition for Allowance of Appeal is hereby granted, limited to the following issue: Does a judge's violation of Judicial Canon 3A(6) establish enough evidence to compel recusal or is more evidence required, i.e., evidence concerning an appearance ...
711 A.2d 1006 (1998) | Cited 58 times
... Appeal Docket 1997 Appeal from the Order of the Superior Court entered June 4, 1996 at No. 2425PHL95, Reversing the Order entered on June 16, 1995 and Remanding to the Court of Common Pleas, Lancaster County, Civil Division, at No. 3133-1994. ARGUED December 10, 1997. OPINION OF THE COURT The ...
778 A.2d 1194 (2001) | Cited 58 times
... SUBMITTED: May 4, 2001 OPINION This is a direct appeal from an order of the Commonwealth Court dismissing Appellant William H. O'Rourke's petition for review under Pennsylvania's Whistleblower Law. The primary question presented is whether adverse personnel action taken against an employee of a ...
568 Pa. 264 (2001) | Cited 58 times
... SUBMITTED: August 2, 1999 OPINION Appellant Edward Bracey appeals from the order of the Court of Common Pleas denying his petition for relief under the Post Conviction Relief Act (PCRA), 42 Pa. C.S. §§ 9541, et seq. We affirm. On February 4, 1991, Philadelphia Police Officer Daniel Boyle ...
575 Pa. 5 (2003) | Cited 58 times
... ARGUED: November 14, 2001 OPINION OF THE COURT This is a direct appeal from the decision of a three-judge panel of the Court of Common Pleas of Cumberland County granting limited post-sentence relief following appellee's conviction for driving under the influence of alcohol (DUI). 75 Pa.C.S. § ...
827 A.2d 385 (2003) | Cited 58 times
... ORDER AND NOW, this 21st day of May, 2003, probable jurisdiction is noted and the order appealed is affirmed. ...
888 A.2d 740 (2005) | Cited 57 times
... CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ. ARGUED: March 7, 2005 OPINION In September, 1999, L.W., the ten-year-old daughter of R.W. and C.W. (Parents) was brutally raped and beaten by Timothy S. Fleming while attempting to sell him candy as part of a school fundraiser. ...