The Standard of Review
Host Corrie Woods interviews fellow attorneys who have recently argued before the Pennsylvania Supreme Court. This podcast is designed for lawyers who wish to learn more about recent PA Supreme Court decisions, appellate advocacy, and their colleagues practicing in the Pennsylvania bar, or anyone interested in the Court's work.
Episodes
Host Corrie Woods interviews Attorney Alex Bomstein to discuss Clean Air Council v. DEP, which clarified the circumstances under which parties challenging permits under the Clean Streams Law can recover attorney's fees from permittees. The decision is a significant win for private enforcement of environmental rights, and also serves as an excellent discussion of the principle that statutory discretion imports ...
Host Corrie Woods interviews Timothy Kolman to discuss Salsberg v. Mann, which held that an employee could bring a claim for intentional interference with an employment relationship against a supervisor who terminated her for personal reasons. The decision is one of a series over the past few years in which the Court has taken a robust view of workers' rights.
You can find Justice Brobson's major...
Host Corrie Woods interviews Casey Alan Coyle to discuss Greenwood Gaming v. Dept. of Revenue, which clarified how the state-run lottery and private casinos must share (or, rather, not share) space in Pennsylvania's increasingly complex gaming market.
You can find Justice Donohue's opinion for the Court and Justice Mundy's concurring and dissenting opinion on SCOPABlog.
Host Corrie Woods interviews attorney Brandy Grace Hoke to discuss Commonwealth v. Greer, which clarified when and how petitioners under the Post-Conviction Relief Act must seek and obtain new counsel to raise, and raise, claims of ineffective assistance of earlier postconviction counsel, on penalty of waiver. The case is required reading for anyone who practices in the postconviction space.
Show Notes:
- Greer bui...
Host Corrie Woods interviews attorney, professor, and Executive Director of the Women's Law Project Susan Frietsche to discuss Allegheny Reproductive Health Center v. Department of Human Services, which, among many constitutional holdings, overruled an earlier determination that a ban on abortion funding for Medicaid recipients did not violate Pennsylvania constitutional rights and set the stage for a recogniti...
Host Corrie Woods interviews fellow appellate attorney Michael Wiseman of Wiseman & Schwartz to discuss Commonwealth v. Bradley, holding that petitioners pursuant to the Post Conviction Relief Act may assert claims of ineffective assistance of post-conviction counsel at the earliest available opportunity, including on direct appeal.
Show Notes:
In this Season 1 finale episode, fellow appellate attorney and former judicial clerk Jill Lipman Beck of Blank Rome joins host Corrie Woods to discuss the most impactful Supreme Court of Pennsylvania cases and issues of 2021.
Host Corrie Woods interviews fellow appellate attorney Pete Winebrake of Winebrake & Santillo to discuss In Re: Amazon.com, Inc., Fulfillment Center Fair Labor Standards Act and Wage and Hour Litigation (In Re: Amazon) in which SCOPA held that an employee's time spent on an employer's premises awaiting mandatory security screening constitutes time "worked" for purposes of Pennsylvania's ...
Host Corrie Woods interviews fellow appellate attorney Teri B. Himebaugh to discuss Commonwealth v. Shaw, in which SCOPA held that petitioners pursuant to the PCRA may assert claims of ineffective assistance of their appellate counsel for the first time on appeal.
Show Notes:
Host Corrie Woods interviews fellow appellate attorneys Dan McLane and Tom Sanchez of Eckert Seamans to discuss Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC, a case in which the Court held unanimously that the Restatement test for no-hire/no-poach provisions ancillary to a services contract between two business entities governs in Pennsylvania and finding the subject no-hire/no-poach provision to be unen...
Host Corrie Woods interviews fellow appellate attorney Nathan Murawsky of Hamburg, Rubin, Mullin, Maxwell & Lupin, PC to discuss Wise v. Huntingdon Cnty. Housing Dev. Corp., a case involving statutory sovereign immunity, and an exception thereto for injuries resulting from dangerous conditions of the Commonwealth's real estate. In Wise, the Court at long last reassesses and rejects some of the more bizarre...
Host Corrie Woods interviews fellow appellate attorney Aaron Marcus of the Defender Association of Philadelphia to discuss Commonwealth v. Alexander, in which SCOPA held that the Pennsylvania Constitution provides motorists greater privacy rights than the federal Constitution, requiring any search of an automobile in Pennsylvania be supported not only by probable cause, as the federal Constitution requires, but also...
Host Corrie Woods interviews fellow appellate attorney Brian McNeil of the York County Office of the Public Defender to discuss his victory in Commonwealth v. Peck, where he doggedly appealed to SCOPA despite the lower courts' swift dismissal of his close reading of PA's Drug Delivery Resulting in Death statute (DDRD). Fortunately, SCOPA agreed with his arguments, thus saving his client 20-40 years from l...
Host Corrie Woods interviews fellow appellate attorney Adam C. Bonin to discuss the recent developments in Pennsylvania election law, with a special emphasis on the series of cases related to the 2020 general election.
Show Notes:
Read more about In Re: Canvass of Absentee and Mail-In Ballots and all of SCOPA's cases on SCOPAblog.
Host Corrie Woods interviews fellow appellate attorneys Charlie Kelly and Michael Joyce to discuss the impact of SCOPA's ruling in Uniontown Newspapers, Inc. v. Pa. Dept. of Corr., interpreting an issue of first impression regarding PA's Right to Know Law.
Show Notes:
Read more about Uniontown Newspapers and all of SCOPA&apos...
Host Corrie Woods interviews fellow appellate attorney Ken Behrend to discuss the impact of SCOPA's ruling in Gregg v. Ameriprise Financial, which held that a consumer challenging a company's deceptive conduct need not establish intent.
Read more about Gregg and all of SCOPA's cases on SCOPAblog here: https://www.woodslawoffices.com/scopablog
Visit Behrend Law Group's website he...
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