Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Earl v. NVR Inc

Docket: 20-2109

Opinion Date: March 5, 2021

Judge: Restrepo

Areas of Law: Construction Law, Consumer Law, Contracts

In 2012, Earl contracted for the purchase of a house in Allegheny County from NVR, the seller and builder of the house. NVR's agents made representations about the house’s construction, condition, and amenities, including that the house would be constructed in a good and workmanlike manner; that NVR would remedy any deficiencies; and that the house would be constructed in accordance with relevant building codes and standards. Construction was completed around March 2013. Upon moving in, Earl encountered several material defects. NVR’s attempts to repair the defects were inadequate and exacerbated some of the issues, despite NVR’s assurances that the problems were remedied. Several promised conditions and amenities that Earl had relied upon had not been provided. Earl, claiming that NVR’s failure to provide the promised conditions and amenities of the agreement were knowing and willful, sued for violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) and breach of implied warranty of habitability. The Third Circuit reversed the dismissal of her UTPCPL claim. Rulings by Pennsylvania appellate courts subsequent to an earlier Third Circuit holding have cast substantial doubt upon the continuing validity of prior interpretations of the UTPCPL. The economic loss and “gist of the action” doctrines no longer bar UTPCPL claims.

United States v. Walker

Docket: 15-4062

Opinion Date: March 5, 2021

Judge: Jordan

Areas of Law: Criminal Law

While Walker waited in a car, two of his accomplices robbed a house, one holding a 12-year-old boy at gunpoint. All of Walker’s codefendants pleaded guilty. A jury convicted Walker of conspiracy to commit Hobbs Act robbery, 18 U.S.C. 1951(a), attempted Hobbs Act robbery, and using and carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c). Walker was sentenced to a combined 72 months’ imprisonment on the conspiracy and attempt counts and a consecutive term of 60 months for the section 924(c) count. On rehearing following the Supreme Court’s 2019 decision, United States v. Davis, the Third Circuit affirmed. Attempted Hobbs Act robbery is categorically a crime of violence under the “elements” clause of section 924(c). The court rejected Walker’s argument that his conviction must be vacated because a person can be convicted for attempted Hobbs Act robbery based on nothing more than an intent to complete the robbery and a non-violent substantial step, without actually committing a violent act and with only the intent to do so.