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  • City of Philadelphia Fire Dept. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-11-06
    Practice Area: Administrative Law | Employment Litigation | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1319

    In an opinion announcing the judgment of the court, the high court held that §108(r) of the Workers' Compensation Act, which deals specifically with firefighters, only requires a claimant to establish a general causative link between the type of cancer suffered and a Group 1 carcinogen and that where a claimant has established entitlement to the evidentiary presumption of compensability under §301(f) of the Act, epidemiological evidence is not sufficient to rebut the presumption. The high court reversed and remanded for further procee

  • Reading Sch. Dist. v. The Bd. of Assessment Appeals of Berks County

    Publication Date: 2018-11-06
    Practice Area: Evidence | Expert Witnesses | Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1311

    The board of assessment appeals undervalued the subject properties. Relying on the testimony of a certified appraiser, the court issued an order establishing the value of the parcels for tax assessment purposes.

  • Commonwealth v. Montanez-Castro

    Publication Date: 2018-11-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1326

    Commonwealth presented sufficient evidence to convict defendant of luring a child into a vehicle where he offered minors bottled drinks that he held close to his body while sitting inside his vehicle such that the minors would have to enter defendant's area of control near or inside his vehicle. Judgment of sentence affirmed.

  • Keffer v. Reese

    Publication Date: 2018-11-06
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Lenihan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1332

    Defendants county and drug task force police officer moved to dismiss plaintiff's false arrest, malicious prosecution, fabrication of evidence and failure to train claims and court found the false arrest claim was time barred but plaintiff sufficiently pled plausible facts to sustain the other claims. Motion granted in part and denied in part.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Commonwealth v. Bergamasco

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1286

    The trial court properly granted defendant's motion to suppress evidence where the arresting officer's extra-jurisdictional stop of defendant violated the Municipal Police Jurisdiction Act in the absence of evidence that she was an immediate clear and present danger to person or property. The appellate court affirmed an order granting defendant's motion to suppress.

  • In the Interest of A.A.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1299

    Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.

  • Commonwealth v. Graves

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1287

    The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Valdivia

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1295

    Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.

  • Johnson v. Neshaminy Shore Picnic park, Inc.

    Publication Date: 2018-10-16
    Practice Area: Evidence | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1155

    Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.