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Delaware Riverkeeper Network v. Sec. Pa. Dept. of Evntl. Prot.

Publication Date: 2018-09-18
Practice Area: Administrative Law | Environmental Law | Government
Industry: Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1105

Court could hear challenge under Clean Water Act to state environmental agency's issuance of water quality certification. Petitions for review denied.
Frompovicz v. Pa. Dept. of Envtl. Prot.

Publication Date: 2018-09-18
Practice Area: Environmental Law | Regulations
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1106

Plaintiff sufficiently alleged substantive due process claim where alleged unlawful suspension of operating permit interfered with plaintiff's use and enjoyment of his property. Defendants' motion to dismiss granted in part and denied in part.
Wright v. Consol. Rail Corp.

Publication Date: 2018-09-18
Practice Area: Civil Procedure | Occupational Safety and Health
Industry: Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1061

Defendants failed to present sufficiently weighty public or private factors in support of their motion to dismiss for forum non conveniens, so the court properly denied the motion.
Commonwealth v. Durrett King

Publication Date: 2018-09-18
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1072

Defendant raised a meritorious ineffective assistance of counsel claim where counsel failed to seek a jury instruction on a defense to the crime of fleeing or attempt to elude police relating to unmarked police cars where the police car involved, and driven by plain clothes detectives, did not display any identifying decals or graphics. The appellate court vacated an order denying defendant Post Conviction Relief Act relief and remanded for a hearing.
Lee v. Sixth Mount Zion Baptist Church of Pittsburgh

Publication Date: 2018-09-18
Practice Area: Constitutional Law | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1103

Court declined to adjudicate breach of contract dispute arising from church's termination of its pastor, pursuant to the ministerial exception under the First Amendment's Establishment Clause. Summary judgment affirmed.
Meskin v. Glassman

Publication Date: 2018-09-18
Practice Area: Attorney Rates and Arrangements
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1063

Plaintiffs failed to state a claim for relief against their prior attorneys, because their vague allegations and expressions of opinion were not adequate to support any of their causes of action.
In re: Tribune Media Co.

Publication Date: 2018-09-18
Practice Area: Civil Rights | Labor Law
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1104

Bankruptcy court had jurisdiction over former employee's wrongful termination and hostile work environment claim stemming from allegations of racial discrimination where employee voluntarily filed a proof of claim against his employer's bankruptcy proceeding and litigated the matter to final judgment without objecting to jurisdiction. Order of the district court affirmed.
In Re: Estate of Roczey

Publication Date: 2018-09-18
Practice Area: Family Law | Trusts and Estates
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1034

Petitioners failed to demonstrate that decedent lacked sufficient mental capacity to execute a new will where they produced no medical evidence to support the claim and they themselves had decedent sign an attorney contingency fee agreement during the same period, illustrating confidence in decedent's mental capacity. The court denied a petition to vacate decedent's will.
Pa. State Sys. of Higher Educ. v. Ass'n of Pa. State College and Univ. Faculties

Publication Date: 2018-09-18
Practice Area: Dispute Resolution | Education Law | Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1087

Arbitrator's award reinstating faculty member after his termination for a sexual offense conviction 27 years earlier did not violate the essence test or the public policy exception to the essence test. Affirmed.
Commonwealth v. Kemp

Publication Date: 2018-09-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1071

The trial court did not err in denying defendant's motion to suppress evidence seized from his residence where the drug transactions at issue did not take place in or near his residence, as the facts connected the illegal transactions to defendant's residence in a common-sense way and permitted the issuing authority to conclude that drugs would likely be found there. The appellate court affirmed defendant's judgment of sentence.

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