Justia Pennsylvania Supreme Court Opinion Summaries

At issue in these cross-appeals by Verizon Telephone Company of Pennsylvania and the Commonwealth was the taxability of Verizon’s gross receipts under the Pennsylvania Gross Receipts Act, for: (1) the installation of private phone lines; (2) the provision of directory assistance services; and (3) certain non-recurring charges levied on its customers for the installation of telephone lines; moves of, and changes to telephone lines and services; and from repairs of telephone lines. After careful consideration, the Supreme Court concluded that revenue derived from all such activities constitutes gross receipts taxable under 72 P.S. 8101(a)(2), and, thus, affirmed the portion of the order of the Commonwealth Court which determined revenue from the first two above-enumerated activities were taxable. The Supreme Court reversed the portion of the Commonwealth Court’s order finding revenue from the third activity was not. View "Verizon, PA, Inc. v. Pennsylvania" on Justia Law

In a discretionary appeal, the Pennsylvania Supreme Court addressed a legislative-process challenge to a 1988 enactment. This issue was raised in the context of a professional negligence lawsuit filed in 2010, asserting causes of action for wrongful birth. Rebecca Sernovitz sought medical care after becoming pregnant. Because she and her husband are both of Ashkenazi Jewish heritage, their child was at increased risk of suffering from a genetic disorder known as familial dysautonomia (“F.D.”). Her treating physicians, negligently misinformed her about the test results, telling her she was not a carrier. Thereafter, Mrs. Sernovitz gave birth to a son, Samuel, who suffered from F.D. and would suffer from the disorder for the rest of his life. Mrs. Sernovitz later learned that both she and her husband were carriers of the mutation. If she had been correctly informed of the results of her test in a timely manner, further testing would have ensued, which would eventually have revealed Samuel’s condition while he was still in utero. Had that occurred, Mrs. Sernovitz would have obtained an abortion. In October 2010, plaintiffs Mr. and Mrs. Sernovitz filed an amended complaint against the health-care providers and their employers and corporate parents (“Defendants”), asserting claims for wrongful birth and seeking damages for medical expenses and emotional distress. Although Section 8305(a) of the Judicial Code barred such claims, plaintiffs alleged that Act 47 of 1988 (of which Section 8305 was enacted) was unconstitutional in its entirety on several grounds. In particular, they averred that: the act’s original purpose was changed during its passage through the General Assembly, contrary to Article III, Section 1; it contained more than one subject, in violation of Article III, Section 3; and, in its final form, it was not considered on three days in each House, thus failing to conform with Article III, Section 4. The common pleas court determined that the act complied with Article III, sustained the preliminary objections on the basis that the wrongful-birth claims were barred by Section 8305, and dismissed the amended complaint. A three-judge panel of the Superior Court reversed in a published decision. Having stricken Section 8305, the Superior Court reversed the common pleas court’s order dismissing the amended complaint and remanded for further proceedings. Defendants moved for reconsideration, and appealed to the Supreme Court when their motion was denied. The Supreme Court disagreed with the Superior Court’s decision, reversed, and remanded for reinstatement of the common pleas court’s order dismissing the complaint. View "Sernovitz v. Dershaw" on Justia Law

In a "unique" workers’ compensation case, the Pennsylvania Supreme Court granted allocated to determine whether the Commonwealth Court erred in finding claimant Laura O’Rourke met her burden of proving that she sustained a work-related injury in the course and scope of her employment when she was brutally stabbed by her son in the middle of the night while she was sleeping in her bedroom in her own home. "While it is undeniable that these circumstances are tragic," the Court could not conclude Claimant had shown her injuries were within the type of harm the Legislature intended to provide compensation for under the Workers’ Compensation Act, and agreed with the Commonwealth Court dissent, that stated it “defied logic” to find this case to involve a work-related injury. View "O'Rourke v. WCAB" on Justia Law

An equally divided en banc panel of the Superior Court resulted in affirmance of appellant Jacob Christine's judgment of sentence for aggravated assault, and recklessly endangering another person. Appellant was alleged to have slashed a fellow inmate's throat. Corrections officer searched appellant's cell and found a shank. Appellant filed a motion in limine to exclude the shank from evidence, arguing it was irrelevant and would cause undue prejudice by confusing the jury, because the Commonwealth agreed the shank was not used in the attack. The trial court ruled the shank admissible under multiple theories. The divided Superior Court held that the shank was properly admitted, but that the trial court erred in refusing to allow appellant to question the victim of the attack about his own conviction for simple assault. Appellant appealed admission of the shank. Finding no reversible error in the trial court's judgment, the Supreme Court affirmed. View "Pennsylvania v. Christine" on Justia Law

The decedent resided in Appellants’ long-term skilled nursing care facility between March and August, 2010. Due to the alleged abuse and neglect inflicted upon her throughout her stay, Decedent suffered a multitude of injuries and illnesses that eventually resulted in her death. Appellee filed suit claiming Appellants knowingly sacrificed the quality of care given to their residents. Relevant to this appeal, Appellants filed preliminary objections seeking to enforce an arbitration agreement which Appellee signed, along with general admission paperwork upon Decedent’s admission to the facility. Appellants appealed the Superior Court’s decision affirming, in relevant part, the trial court’s order overruling Appellants’ preliminary objections seeking to compel arbitration and reserving for trial the underlying negligence action filed by Appellee, daughter of the decedent, and executrix of Decedent’s estate. Finding no reversible error, the Supreme Court affirmed the Superior Court and remanded this case to the trial court for further proceedings. View "Wert v. Manorcare of Carlisle" on Justia Law

On April 6, 2011, Shaun Warrick appeared in the Philadelphia Municipal Court for his preliminary hearing on two homicide charges. Appellees were relatives of the victims, and were seated in the courtroom gallery. Before testimony began, Warrick advised the court his mother had retained private counsel for him and requested a continuance. At the court’s request, his mother, escorted by court officer Richard Brandt, came forward to testify. Appellees thereupon verbally and physically assailed Ms. Warrick, and a general melee erupted in the courtroom. Warrick tried to defend his mother, which led to an expanded struggle that required deputy sheriffs and police reinforcements from outside the courtroom to restore order. The courtroom was locked down for three hours. When court reconvened, the trial court did make an “initial finding” of direct criminal contempt but deferred “final determination as to what the sentence should be” until appellees could meet with counsel. Appellees returned to court and sought to present their own witnesses and cross-examine other witnesses. The court denied the requests, finding that appellees were not entitled to call or cross-examine witnesses, particularly as the contemptuous acts took place “in the presence of the [c]ourt.” Appellees appealed, and the three cases were consolidated. Because the Superior Court erroneously determined the summary-contempt proceedings were improper, it also erred in concluding appellees “should have been permitted to cross-examine the court crier, and to present their own witnesses, in an adversary hearing with full due process protections.” The Supreme Court found the trial court appropriately conducted summary proceedings and appellees were sufficiently represented by counsel prior to sentencing. View "Pennsylvania v. Moody" on Justia Law

In a defamation action, appellants Randall Castellani and Joseph Corcoran brought suit against The Scranton Times and its former reporter, Jennifer L. Henn (collectively, the Newspaper) regarding the Newspaper’s publication of three articles concerning Appellants’ testimony before the Twentieth Statewide Investigating Grand Jury. The trial court denied Appellants’ pretrial motion to admit two judicial opinions at trial as evidence of the Newspaper’s state of mind, and the Superior Court affirmed. Upon review, the Supreme Court reversed. Because the judicial opinions are admissible as evidence of the Newspaper’s state of mind, the trial court should have permitted Appellants to introduce them in their action against the Newspaper. View "Castellani v. Scranton Times" on Justia Law

Appellants Margo and Daniel Polett appeal a superior court order vacating a judgment for injuries sustained by Margo after she underwent knee replacement surgery during which she received an artificial knee manufactured by Appellee Zimmer, Inc., and, thereafter, appeared in a promotional video produced and filmed by co-Appellee Public Communications, Inc. (“PCI”). The Global Director of Marketing Communications for Zimmer, Lola Yoder, contacted Margo Polett’s physician’s office and asked him to identify three female patients who had successfully undergone replacement surgery using the Gender Solutions Knee, for the purpose of having them appear in an educational promotional video which would be produced by PCI. The completed video was to feature the women providing testimonials of how the surgery had positively improved their lives, as well as showing the women participating in physical activities they had “resumed since surgery.” According to Mrs. Polett, she learned that she would be filmed while walking on a treadmill and riding a stationary exercise bicycle. Based on her assumption that the producers had consulted with Dr. Booth, and, thus, that it was okay for her to perform both physical activities, Mrs. Polett allowed herself to be filmed while walking on the treadmill and then riding the exercise bike. No one spoke with Dr. Booth about whether Mrs. Polett was medically cleared to walk on the treadmill or to ride the exercise bicycle. Mrs. Pollett complained to her husband of knee pain following the filming, and for three months thereafter. Her condition deteriorated enough that Mrs. Polett would undergo several more surgeries on her knees. The cumulative effect of these surgeries left Mrs. Polett “functionally limited” and permanently unable to fully extend her right leg. the Poletts filed suit against Appellees, as well as Penn, the University of Pennsylvania Hospital System, New City, Franck, and Video Tracks, and, also, the owner of Video Tracks, Steven Rhykerd, asserting claims for negligence and loss of consortium. New City and Franck, in turn, filed a complaint against Dr. Booth, asserting a cross-claim against him for contribution and indemnity. The Poletts did not sue Dr. Booth. After review, the Supreme Court concluded that the trial court did not abuse its discretion in barring a tolling agreement between the Poletts and Dr. Booth from being admitted into evidence. The Court also found that the trial court did not abuse its discretion in permitting Dr. Booth to provide expert testimony under Pa.R.Civ.P. 4003.5. Lastly, the Court determine that the trial court did not err in giving its supplemental “no speculation” instruction to the jury. Consequently, the order of the Superior Court was reversed and the case remanded back to the Superior Court so that it could consider the question of whether the trial court properly denied Appellees’ motion for remittitur of the verdict. View "Polett v. Public Communications Inc." on Justia Law

The Supreme Court granted review to determine whether the Commonwealth Court applied the proper legal principles and level of deference in its appellate review of the decision of the Pennsylvania Labor Relations Board (PLRB), which found Lancaster County (the County) engaged in unfair labor practices under Sections 1201(a)(1) and (3) of the Public Employee Relations Act (PERA), when it terminated the employment of Adam Medina and Tommy Epps. During a 2010 organizing effort, Medina attended meetings held by a Union, reported back to the third shift staff members, and successfully encouraged other employees to attend meetings, as well as vote in favor of unionizing. Epps supported the Union’s efforts and talked to other staff members about how the Union could benefit them. A fellow employee reported to supervisors that accused someone of stealing foodstuffs from her open workplace mailbox. An internal investigation revealed Media taking a snack-sized bag of potato chips on one day; Epps took a similarly-sized bag of cookies from the box. Though no one had previously been disciplined for incidents like these, Media and Epps were fired for taking items from the mailbox. After review, the Supreme Court concluded the Commonwealth Court indeed applied the wrong standards in reversing the Board. The case was remanded for further consideration of issues raised by the parties on appeal but not previously addressed by the Commonwealth Court. View "Lancaster Co v. PA Labor Relations Board -" on Justia Law

On January 13, 2015, as his term was ending, out-going Governor Tom Corbett appointed appellee Erik Arneson as the Executive Director of the Office of Open Records (OOR) for a term of six years, with an optional reappointment for an additional six years. On January 20, 2015, the first day of Governor Wolf’s term, he terminated Appellee’s employment. Appellee filed a complaint for mandamus and declaratory relief in the Commonwealth Court, arguing that Governor Wolf’s termination of his employment violated the Pennsylvania Constitution and the Right to Know Law (RTKL). The Commonwealth Court accepted this argument and reinstated Appellee. The Governor appealed to the Pennsylvania Supreme Court. The Supreme Court, after review, adopted and supplemented the Commonwealth Court’s opinion, and affirmed. View "Arneson v. Wolf" on Justia Law