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  • Ocean County Bd. of Comm'rs v. Attorney Gen. of the State of New Jersey

    Publication Date: 2021-08-23
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Hardiman
    Attorneys: For plaintiff: John C. Sahradnik and Mathew B. Thompson (Berry Sahradnik Kotzas & Benson); Jeffrey R. Lindsay (Cape May County Department of Law); Michael L. Testa, Jr. (Testa Heck Testa & White P.A.)
    for defendant: Jeremy M. Feigenbaum, Michael R. Sarno, and Daniel M. Vannella (Office of Attorney General of New Jersey)

    Case Number: 20-2754 & 20-2755

    Federal Statutes Governing Actions by State Could Not Preempt State-Issued Directives to State Agencies and Political Subdivisions

  • Ocean County Bd. of Comm'rs v. Attorney Gen. of the State of New Jersey

    Publication Date: 2021-08-10
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-2755

    Plaintiffs appealed from the district court's dismissal of their complaints.

  • American Honda Finance Corp. v. Twp. of Aston

    Publication Date: 2021-07-19
    Practice Area: Constitutional Law
    Industry: Financial Services and Banking | Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Diamond
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0829

    Plaintiff, a car financing entity and lien holder, demonstrated that the Township of Aston violated its due process rights through its treatment of seized vehicles and deprivation of creditor's collateral while that collateral's value depreciated. The court granted plaintiff's motion for summary judgment.

  • Bervinchak v. East Hempfield Twp.

    Publication Date: 2021-07-05
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lesson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0756

    In this action against East Hempfield Township and related parties wherein plaintiff alleged that defendants colluded to violate their civil rights in connection with the passage of a local wireless facilities ordinance, the complaint was deficient as it prevented defendants from properly responding. The court dismissed plaintiffs' complaint with prejudice in part.

  • United States v. Boyd

    Publication Date: 2021-06-14
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0666

    The court rejected defendant's claim that 18 U.S.C. §922(g)(8) violated the second amendment as applied to him and others subject to protective orders lacking an explicit finding that they posed a credible threat to family members, holding defendant failed to distinguish himself from a class of presumptively dangerous persons who have historically been excluded from second amendment protections. The appellate court affirmed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

    View more book results for the query "*"

  • Barris v. Stroud Twp.

    Publication Date: 2021-06-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0665

    The trial court erred in finding that Stroud Township's firearm ordinance, which restricted the right to use personal property as a private shooting range to just two zoning districts, was facially constitutional as the ordinance burdened more conduct than necessary to meet the important governmental interests at issue. The commonwealth court reversed.

  • Weeks v. Dep't of Human Serv.

    Publication Date: 2021-05-31
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0607

    Court reconsidered its review of act 12 of 2019 and found act pertained to the provision of "basic necessities of life to certain low-income individuals," the topic fit within the single subject rubric and fact that some of the provisions raised revenue for the assistance did not violate Art. III of the Pennsylvania constitution nor did it violate the "original purpose rule." Preliminary objections sustained.

  • Weeks v. Dep't of Human Serv.

    Publication Date: 2021-04-05
    Practice Area: Constitutional Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0375

    Department filed preliminary objections to petitioner's petition asserting act 12 of 2019 violated art. III, §§1 and 3 of the Pennsylvania constitution and court rejected petitioners' contention that because some of the provisions of act 12 raised revenue for health care assistance, it violated the single-subject rule of the Pennsylvania constitution and found the amendments to house bill 33 did not change the original purpose of the bill and its title did not deceive. Preliminary objections sustained.

  • Allegheny Reproductive Health Ctr. v. Pennsylvania Dep't of Human Serv.

    Publication Date: 2021-04-05
    Practice Area: Constitutional Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0360

    Petitioners, medical providers licensed to provide abortion services in the state, lacked standing to challenge the Medicaid coverage ban on abortion services on the basis of constitutional rights belonging to third parties, i.e., women enrolled in the state's Medicaid program. The commonwealth court dismissed the petition for review.

  • Barclay v. Stabley

    Publication Date: 2021-02-22
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0185

    The Department of Corrections' administrative grievance procedure does not require that an aggrieved prisoner name the individuals allegedly involved in an incident; therefore, plaintiff did not fail to exhaust his administrative remedies as to certain defendants not specifically named in his administrative grievance. The court denied defendants' motion to dismiss.

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