• Mack v. Yost

    Publication Date: 2020-08-17
    Practice Area: Constitutional Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0887

    District court erred in denying summary judgment dismissal of inmate's first amendment retaliation claim asserting he was fired from prison commissary job for complaining about officers' harassment based on religion and court declined to extend a Bivens remedy for first amendment retaliation claims brought in the prison workplace assignment context. Reversed.

  • Commonwealth v. Held

    Publication Date: 2020-07-20
    Practice Area: Constitutional Law | Criminal Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0765

    Delaying disclosure of jurors' names following mistrial until pending charges were resolved by verdict or dismissal constituted sufficiently narrowly-tailored burden on First Amendment rights of public access to criminal trials in light of concerns about maintaining a fair trial for defendant on retrial. Order of the trial court affirmed.

  • B.L. v. Mahanoy Area Sch. Dist.

    Publication Date: 2020-07-13
    Practice Area: Constitutional Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0725

    In this precedential case, the third circuit held that the first amendment protects students engaging in off-campus speech to the same extent it protects speech by citizens in the community at large and the seminal holding in Tinker v. Des Moines Independent Community School Districtdid not apply to plaintiff's off-campus speech.

  • Barris v. Stroud Twp.

    Publication Date: 2020-07-06
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0592

    A property owner did not exhaust his administrative remedies and he failed to demonstrate that an ordinance regulating shooting ranges was unconstitutional.

  • Bowman v. Wetzel

    Publication Date: 2020-06-29
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Eddy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0672

    Plaintiff, who was a pretrial detainee in a prison restricted housing unit, could not sustain a claim under the cruel and unusual punishment clause of the eighth amendment since the clause does not apply until after sentence and conviction; however, he did sufficiently plead a claim for an alleged violation of his right to procedural due process. The court granted in part and denied in part defendants' motion to dismiss.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Davis v. Samuels

    Publication Date: 2020-06-22
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0632

    The court of appeals held that no extension of Bivensliability was warranted in this case, where federal defendants allegedly interfered with an inmate's right to marryas there were sound reasons to believe the legislature might doubt the efficacy or necessity of a damages remedyfor interfering with an inmate's right to marry. The appellate court affirmed.

  • Commonwealth of Pennsylvania v. Gruver

    Publication Date: 2020-06-01
    Practice Area: Constitutional Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0537

    The Sex Offender Registration and Notification Act infringed on a defendant's fundamental right to reputation under the state constitution, because the act relied on an irrebuttable presumption that was not universally true. As applied to defendant, the court held that the registration requirements were unconstitutional, so it vacated that portion of his sentence.

  • Commonwealth of Pennsylvania v. Tighe

    Publication Date: 2020-03-02
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0225

    In an opinion announcing the judgment of the court, the high court held that the trial court did not violate defendant's constitutional right to self-representation when, during his criminal trial on charges of sexual assault against a minor, the court prohibited the pro se defendant from personally cross-examining the victim. The high court affirmed the superior court's decision.

  • Barris v. Stroud Twp.

    Publication Date: 2020-02-24
    Practice Area: Constitutional Law
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0121

    The court denied cross-motions for summary judgment, because factual issues remained regarding whether an ordinance was unconstitutional as applied.

  • Barosh v. Ramirez

    Publication Date: 2020-02-10
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0126

    Plaintiff could not maintain claims against two municipal employees or the Philadelphia District Attorney's Office where his amended complaint did not identify any unconstitutional municipal policy or custom that allegedly caused his injuries or any facts suggesting that his injuries were caused by a failure or inadequacy by the municipality. The court granted defendant's motion to dismiss.