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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.
Genits v. Commonwealth

Publication Date: 2021-02-22
Practice Area: Constitutional Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0123

Although petitioner was not entitled to have his involuntary commitment expunged, the court granted his request for restoration of his right to carry a firearm.
Commonwealth v. Hawkins

Publication Date: 2021-02-15
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0081

A state trooper's detention of defendant based solely on his apparent "nervousness" was improper where defendant complied with the trooper's request to produce a driver's license and related documents after a traffic stop and the record lacked any evidence of criminal activity. The court granted defendant's motion to suppress.
Delaware River Joint Toll Bridge Comm'n v. Sec'y Pa. Dep't of Labor & Indus.

Publication Date: 2021-01-25
Practice Area: Constitutional Law
Industry: Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0061

The Delaware River Joint Toll Bridge Commission's suit, seeking prospective relief to prevent an ongoing violation of federal law by the Secretary of Pennsylvania Department of Labor and Industry, fell squarely within the Ex parte Young exception to sovereign immunity; and the district court properly found that Pennsylvania unambiguously ceded some of its sovereign authority through a bi-state compact forming the Commission. The appellate court affirmed.
Speakman v. Williams

Publication Date: 2021-01-20
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Cowen
Attorneys: For plaintiff:
for defendant:
Case Number: D69269

The federal district court properly dismissed plaintiffs' substantive due process claims because their jobs as firefighters were inherently risky and plaintiffs failed to allege sufficient facts to show that defendants' con-duct or policies altered the fundamental nature of the risk involved.
Folajtar v. Attorney Gen. of the United States

Publication Date: 2020-12-07
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: 20-1324

Legislative designation of criminal offense as a felony was sufficient to categorize offense as a serious crime that precluded offenders from possession of firearms. Order of the district court affirmed.
Tomei v. Office of the 32nd Judicial Dist.

Publication Date: 2020-12-07
Practice Area: Constitutional Law
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolfson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1335

Defendants moved to dismiss plaintiffs' §1983 due process action over court clerk's failure to properly process motions and concise statements and court found employees of the office of judicial support made mistakes and those mistakes prejudiced plaintiffs but plaintiffs did not plausibly plead those mistakes resulted from a supervisor's violation of their constitutional rights. Motion granted.
Tracy v. O'Bell

Publication Date: 2020-11-30
Practice Area: Constitutional Law
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1204

Plaintiff, a Roman Catholic priest, could not recover damages from defendants, parishioners of the church where he had been assigned, for their alleged tortious interference with his contract with the Scranton Diocese as the "ministerial exception" prohibited the court from intervening in this dispute stemming from the decision to remove plaintiff from his position. The court granted defendants' preliminary objection.

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