10 results for 'judge:"Donohue"'.
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, Insurance, Damages
J. Donohue finds that the appeals court improperly dismissed a petition for review of the Pennsylvania Abortion Control Act filed by a group of seven abortion providers who had asked the court to determine that abortion is a right protected under the state constitution. The providers have standing to sue because provides Medicaid funding for childbirth but not for abortions, thus failing to maintain its obligated neutrality regarding reproductive autonomy. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: January 29, 2024, Case #: J-65-2022, Categories: Civil Procedure, Civil Rights, Constitution
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J. Donohue finds that the lower court improperly dismissed a group of Pennsylvania casino owners complaint against the Pennsylvania Department of Revenue alleging that lottery games offered online “impermissibly simulate slot machines,” thereby infringing on the casino owners’ share of the online market in violation of state law. To determine whether the online lottery game violates the state prohibition against simulating a slot machine will require a subjective assessment of the game’s appearance and effect when in play. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-18-2023, Categories: Civil Procedure, Government, Business Practices
J. Donohue finds that the lower court’s order sustaining the Department of Corrections’ preliminary objections to a prisoner’s timely filed petition alleging that he was denied his procedural due process rights when the department deducted certain payments from his prison-account deposits. The department violated the prisoner’s procedural due process rights when it increased the rate of his deductions without pre-deprivation notice and an opportunity to be heard. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-32-2023, Categories: Civil Procedure, Due Process
[Consolidated.] J. Donohue finds that the superior court improperly reversed a lower court’s denial of defendant’s Post Conviction Relief Act petition for relief alleging that her counsel was ineffective at the trial for her murder of her newborn who she suffocated by placing in plastic bags. The decision ignored the lower court’s credibility determinations. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: November 24, 2023, Case #: J-35A-2023, Categories: Criminal Procedure, Murder, Sentencing