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  • Baron v. Commonwealth, Dept. of Human Services

    Publication Date: 2017-10-10
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1533

    In this case of first impression, the court held that petitioner, a document requester seeking to enforce a disclosure order issued under the Right-to-Know Law, could not enforce the order while it was being considered on appeal. The court sustained respondents preliminary objections in the nature of demurrer and dismissed the mandamus petition with prejudice.

  • Staton v. Bd. of Probation and Parole

    Publication Date: 2017-10-10
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1546

    The court granted counsels petition to withdraw because counsels no-merit letter met the technical requirements of Turner/Finley and convicted parole violators claims that the board did not have the authority to alter his judicially-imposed sentence beyond his original maximum term.

  • Zuber v. Boscovs

    Publication Date: 2017-10-10
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1542

    Trial court erred in holding that the compromise and release of appellants workers compensation claim barred his FMLA and common law claims because the ordinary meaning and structure of the C&R was a specific and limited release.

  • In re Petition of Adams

    Publication Date: 2017-10-10
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1541

    Access to private road was permitted where construction of other access was infeasible and therefore rendered inaccessible property that had also been opened for public hunting, such that use of the private road would serve public purposes. Order of the trial court affirmed.

  • Commonwealth v. Napold

    Publication Date: 2017-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1536

    Failure to object to introduction of evidence of blood draw refusal rendered issue waived for appeal even where new rule of law concerning blood draw refusals was promulgated following trial and during pendency of appeal. Judgment of sentence affirmed.

  • Weikel v. Weikel

    Publication Date: 2017-10-10
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Discovery | Family Law
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1397

    Husband was not entitled to a modification of alimony pendente lite based on wifes alleged conduct in delaying the proceeding, because husband acquiesced in any such delays.

  • Estate of Ware v. Hospital of the Univ. of Pa.

    Publication Date: 2017-10-10
    Practice Area: Personal Injury
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1538

    Allegation that decedent contracted fatal cancer due to exposure to radioactive source material rendered claims subject to federal jurisdiction under the Price-Anderson Act. Summary judgment affirmed.

  • Devon Serv., LLC v. S & T Realty

    Publication Date: 2017-10-10
    Practice Area: Civil Appeals | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1537

    Trial court did not err in considering sales price in fixing fair market value of foreclosed properties for deficiency judgment, where trial court also considered other factors addressed by parties appraisers, including condition of property, rental history, and below-asking price offers. Order of the trial court affirmed

  • Commonwealth v. Bennett

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1423

    The court denied a criminal defendants motion to dismiss where the offenses involved in the instant case were not logically or temporally part of the same criminal episode.

  • Anderson v. Talaber

    Publication Date: 2017-10-10
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1532

    Given the U.S. Supreme Courts recent decision in Pittman v. Pa. Bd. of Probation and Parole, the Pennsylvania Board of Probation and Parole erred in determining that it lacked discretion to award petitioner credit for time spent at liberty on parole.

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