Sliney v. Previte, et al. (Lawyers Weekly No. 10-194-15)
Retroactive extension of statute of limitations for child sexual abuse claims applies to pending case where petitions for appellate review remain outstanding at time of enactment.
Lawyers
Commonwealth v. Coutu (Lawyers Weekly No. 11-183-15)
Reversed convictions for attempt to burn property and assault by dangerous weapon; affirmed remaining rape and robbery convictions; affirmed DNA testing order.
Commonwealth v. Hardin (Lawyers Weekly No. 11-182-15)
Appellate court reverses dismissal of breaking and entering and larceny charges; remands to municipal court rather than affirming on defendant's alternative ground of facial complaint deficiency raised only on appeal.
Commonwealth v. Tejeda (Lawyers Weekly No. 10-193-15)
Defendant cannot be convicted of murder under felony-murder rule when accomplice killed by person resisting robbery; liability limited to deaths caused by joint venturer in furtherance of crime.
Union, et al. v. Bloomberg, et al. (Lawyers Weekly No. 11-181-15)
Condominium trust must comply with settlement agreement requiring landscaping improvements to common areas despite statutory restrictions on declarant spending and improvements.
Field v. Commonwealth (Lawyers Weekly No. 10-192-15)
Murder conviction appeal; trial court orders requiring trial counsel testimony and production of mental health records; privilege claims properly addressed on appeal rather than through extraordinary relief petition.
Mack v. Wells Fargo Bank, N.A., et al. (Lawyers Weekly No. 11-180-15)
Litigation privilege immunizes attorney from consumer protection and civil rights claims arising from foreclosure conduct undertaken in connection with pending lawsuit, but does not protect auction company.
In the Matter of Chalupowski (Lawyers Weekly No. 10-191-15)
Bar applicant denied admission due to lack of candor in disclosing litigation history and demonstrated disrespect for the legal system through frivolous suits.
R.M. Packer Co., Inc. v. Marmik, LLC, et al. (Lawyers Weekly No. 11-179-15)
Environmental cleanup liability. Affirmed fee award where plaintiff's contribution demand was unreasonable despite defendant's clear blamelessness for spill.
Commonwealth v. Garrett (Lawyers Weekly No. 10-190-15)
BB gun does not qualify as firearm under armed robbery statute; convictions vacated, remanded for unarmed robbery conviction.