• Weeks v. Dep't of Human Serv.

    Publication Date: 2023-10-16
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 EAP 2021

    Act 12 of 2019 did not violate the legislative enactment requirements under Article III of the Pennsylvania Constitution where the bill's provisions were related to the single subject of benefits for low-income individuals and the bill's initial purpose of eliminating the commonwealth's cash assistance program in favor of health-related benefits. Order of the commonwealth court affirmed.

  • Cleveland Bros. Equip. Co. Inc. v. Arcadia N. Land, LLC

    Publication Date: 2022-10-24
    Practice Area: Legislation
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6465 CV 2021

    Court denied preliminary objections to plaintiff's request for judgment on a mechanic's lien. Although defendants argued that plaintiffs did not meet the definition of a subcontractor under the Mechanic's Lien Law of 1963, the court disagreed, finding that plaintiffs had supplied the necessary excavation equipment for the project and therefore met the statutory interpretation of a subcontractor pursuant to 49 P.S. §1101 et. seq.

  • Tobyhanna Twp. v. Clymer Library

    Publication Date: 2022-10-24
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7092 CV 2021

    The court ruled that, although a municipality's statutes pertaining to their library taxes presented conflicting statements due to a grammatical error, the statute could nevertheless be reviewed for its clear statutory intent under the Statutory Construction Act. Therefore, in reviewing the statute and examining the statute's clear intent, the court ultimately held that the library could increase tax rates without first submitting the issue to municipalities' voters.

  • Cigar Ass'n of Am. v. City of Philadelphia

    Publication Date: 2020-11-30
    Practice Area: Legislation
    Industry: Consumer Products | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1289

    As the City of Philadelphia ordinance prohibited all sales of flavored tobacco products concerned youth access to tobacco, it was preempted by existing Pennsylvania law which already prohibited the sale of tobacco to minors. The court granted plaintiffs preliminary injunctive relief.

  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Gass v. 52nd Judicial Dist.

    Publication Date: 2020-06-29
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0678

    Local judicial district policy prohibiting medical marijuana use by probationers holding valid medical marijuana cards violated the Medical Marijuana Act's immunity from punishment or revocation of privileges. Petition for declaratory and injunctive relief granted.

  • Johnson v. Neshaminy Shore Picnic Park

    Publication Date: 2019-09-02
    Practice Area: Legislation | Trusts and Estates
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1032

    Father challenged trial court's grant of mother's petition for forfeiture of father's share of wrongful death proceeds after child's accidental death and court found trial court did not abuse its discretion because the amendments to the failure-to-support clause in 20 Pa.C.S. §2106(b) were clearly intended to prohibit a non-performing parent from collecting a windfall in the tragic event of the child's death. Affirmed.

  • Brouillette v. Wolf

    Publication Date: 2019-07-15
    Practice Area: Administrative Law | Legislation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0808

    Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.

  • Commonwealth v. Luciani

    Publication Date: 2019-01-15
    Practice Area: Constitutional Law | Criminal Appeals | Legislation
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0018

    Since application of the Sex Offender Registration and Notification Act would inflict greater punishment upon defendant than the law in effect when he committed the crimes, the statute could not be applied retroactively to him without violating the ex post facto clause of the state constitution. The appellate court vacated in part defendant's judgment of sentence.

  • Phantom Fireworks Showrooms, LLC v. Wolf

    Publication Date: 2018-12-18
    Practice Area: Constitutional Law | Legislation | Tax
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1542

    Petitioners challenged the constitutionality of the act of October 30, 2017, P.L. 672, No. 43 and the court found it did not violate the original purpose rule or the single subject, clear title and text publication requirements but did impermissibly delegate legislative authority and the court cured that by severing portions of the act. Summary relief granted in part and denied in part.