The Standard of Review

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 Minimum Wage Act, and that the maxim de minimum non curat lex, or, the law does not care for trivialities, does not apply to time worked for purposes of that Act.  Show Notes:Justice Todd's Majority OpinionJustice Saylor's Dissenting Opinion Justice Mundy's Dissenting OpinionIntegrity Staffing Solutions, Inc. v. BuskIn Re: Amazon Summary and ReportRead more about In Re: Amazon and all of SCOPA's cases on SCOPAblog.

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:Chief Justice Saylor's OpinionJustice Mundy's Dissenting OpinionThe Police Transparency ProjectPart 2 of The Philadelphia Inquirer's special report series, Losing ConvictionSiphonaptera poemRead more about Commonwealth v. Shaw and all of SCOPA's cases on SCOPAblog.

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 unenforceable. Show Notes:Justice Mundy's OpinionUnited States Department of Justice's "No-Poach Approach"Bloomberg Law SummaryRead more about Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC and all of SCOPA's cases on SCOPAblog.

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 distinctions in this area of the law. Show Notes:Chief Justice Baer's OpinionJustice Donohue's Concurring OpinionJustice Wecht's Concurring OpinionRead more about Wise v. Huntingdon Cnty. Housing Dev. Corp. and all of SCOPA's cases on SCOPAblog.

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 by exigent circumstances that make it impracticable to obtain a warrant. Show Notes:Justice Donohue's OpinionJustice Baer's Concurring OpinionChief Justice Saylor's Dissenting OpinionJustice Dougherty's Dissenting OpinionJustice Mundy's Dissenting Opinion"Precedent and Discretion" by William Baude"Book Examines the History and Contemporary Role of Philadelphia's Public Defenders"Read more about Commonwealth v. Alexander and all of SCOPA's cases on SCOPAblog.

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 life behind bars.    Show Notes:Justice Donohue's OpinionJustice Wecht's Concurring OpinionArticle from the York Daily RecordArticle:  Pennsylvania Uses the Charge of "Drug Delivery Resulting in Death" More Than Any Other StateThe Appeal blogRead more about Commonwealth v. Peck and all of SCOPA's cases on SCOPAblog.

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:OpinionJustice Wecht CO/DOFind Adam on TwitterRead 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:OpinionThe Abolitionist Law Center's No Escape InvestigationRead more about Uniontown Newspapers and all of SCOPA's cases on SCOPAblog.

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/scopablogVisit Behrend Law Group's website here: https://www.behrendlawgroup.com/