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215 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2020-01-20
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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for defendant:
Case Number: 20-0034
Plaintiffs failed to sufficiently plead a violation of substantive due process arising out of an investigation into alleged child abuse where their child was never physically removed and, as a result, their Monell claim for failure to train also faltered in the absence of an underlying constitutional violation. The court granted defendants' motion to dismiss.
Publication Date: 2020-01-06
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Saylor
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Case Number: 19-1522
Commonwealth court properly denied preliminary injunctive relief in appellants' action challenging act 12 on constitutional grounds and correctly concluded that act 12 did not violate art. III, §§ 1 and 3 of the Pennsylvania constitution since the act as a whole related to the provision of benefits pertaining to the basic necessities of life to certain low-income individuals. Affirmed.
Publication Date: 2019-12-16
Practice Area: Constitutional Law | Tax
Industry: Automotive | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-1443
Flat-dollar cap on net loss carryover deduction severed and struck from tax code where it violated Uniformity Clause of Pennsylvania constitution. Order of the Board of Finance and Revenue reversed and remanded.
Publication Date: 2019-12-09
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 19-1411
Password to criminal defendant's computer was protected by Fifth Amendment privilege against self-incrimination, which could not be defeated by the foregone conclusion exception. Order of the superior court reversed and remanded.
Publication Date: 2019-11-18
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordaro
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Case Number: 19-1281
The owner of the vehicle defendant was driving did not have authority to consent by phone to a search of the vehicle over defendant's objection, and the occupants' nervousness did not provide police with reasonable suspicion to continue an investigation beyond an initial, lawful traffic stop. The court granted defendant's motion to suppress.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2019-11-18
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 19-1354
Criminal defendant not entitled to retroactive application of new constitutional rule where he or she fails to preserve the issue underlying the rule at all stages of litigation. Order of the superior court affirmed.
Publication Date: 2019-11-11
Practice Area: Constitutional Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Chagares
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Case Number: 19-1325
While the U.S. Court of Appeals for the Third Circuit previously suggested that courts must employ a "two-step" analysis in assessing in forma pauperis applications under the Prison Litigation Reform Act, the court clarified that the Act does not require such a rigid process and that courts are free to assess the merits of the lawsuit "at any time." The court denied appellant's motions for leave to proceed in forma pauperis.
Publication Date: 2019-11-04
Practice Area: Constitutional Law
Industry: Health Care | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 19-1290
The district court did not err in finding that a City of Pittsburgh ordinance creating a 15-foot "buffer zone" outside the entrance of any hospital or healthcare facility was content neutral and, therefore, subject to intermediate scrutiny and in finding that the ordinance survived such scrutiny. The appellate court affirmed an order granting defendant summary judgment.
Publication Date: 2019-10-07
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
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Case Number: 19-1174
Roommate not named in search warrant for entire residence could have private bedroom subjected to search under warrant, despite expectation of privacy, so long as police reasonably believed items to be seized would be found in bedroom. Order of the superior court affirmed.
Publication Date: 2019-10-07
Practice Area: Constitutional Law
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Rendell
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Case Number: 19-1180
District court erred in denying New Jersey Thoroughbred Horsemen's Association's motion for judgment on the bond and damages because NJTHA was wrongfully enjoined and there was a rebuttable presumption in favor of recovery on the bond. Reversed and remanded.
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