Government

  • The Legal Intelligencer

    No 1983 Relief for ADA, Title VII Violations, Third Circuit Says

    By Max Mitchell | August 30, 2017

    Plaintiffs alleging stand-alone violations of either Title VII or the Americans with Disabilities Act cannot seek relief in federal court for deprivation of civil rights under section 1983, the U.S. Court of Appeals for the Third Circuit has held in declining to revive claims a former Pennsylvania Human Relations Commission employee brought against her former employer.

  • National Law Journal

    Big Law Takes On the Trans Military Ban

    By Cogan Schneier | August 28, 2017

    Two lawsuits were filed Monday against President Donald Trump's ban on transgender people serving in the military, with help from firms like Kirkland & Ellis and Covington & Burling.

  • The Legal Intelligencer

    Pa. Justices' Stalemate Means New Chance for Death-Row Inmate

    By Zack Needles | August 25, 2017

    Just over a year after the U.S. Supreme Court vacated Terrance Williams' death sentence based on a finding that former Pennsylvania Supreme Court Chief Justice Ronald D. Castille should have recused from the case, a four-justice state Supreme Court has deadlocked on remand, letting stand a lower court's ruling entitling Williams to a new penalty phase of his trial.

  • The Legal Intelligencer

    Presidential Power and Antitrust Politics: Part Two

    By Carl W. Hittinger 
and Tyson Y. Herrold | August 25, 2017

    Last month we discussed the role of the presidency in formulating ­antitrust policy, pointing out the fallacy of the view that the Antitrust Division of the Department of Justice has historically been (or should be) completely independent of the White House. We posited that history shows that the Antitrust Division's ­enforcement decisions have been (and should be) a product of informed presidential policy and that past presidents have ­attempted to apply the Sherman Act in a way that balances the panoply of ­challenges, both foreign and domestic, that every president elected by the people ­invariably faces.

  • The Legal Intelligencer

    Blake v. State Civil Service Commission, PICS Case No. 17-1269 (Pa. July 25, 2017) Donohue, J. (21 pages).

    By thelegalintelligencer | The Legal Intelligencer | August 25, 2017

    Petitioner, a former cadet at the U.S. Military Academy at West Point who did not graduate from the school or ever obligate himself to perform any subsequent military service, did not qualify as a "soldier" within the meaning of the state's Veterans' Preference Act. The lower court erred in granting petitioner veterans' preference.

  • The Legal Intelligencer

    Sens: Pardon Should Trigger Automatic Record Expungement

    By Victoria Hudgins | August 24, 2017

    Governor-approved clemency should trigger simultaneous criminal record expungement, two state senators said in a recent memorandum.

  • The Legal Intelligencer

    Capitol Report

    By thelegalintelligencer | The Legal Intelligencer | August 24, 2017

    Following is a listing of executive and legislative action from the week of Aug. 21. At press time, the Pennsylvania Senate stood in recess subject to the call of President Pro Tempore Joe Scarnati, and the state House of Representatives stood in recess subject to the call of Speaker Mike Turzai.

  • The Legal Intelligencer

    Reps Seek Statute of Repose Extension for Construction Claims

    By Victoria Hudgins | August 24, 2017

    Record Expungement Reps. John T. Galloway, D-Bucks County, and Vanessa Lowery Brown, D-Philadelphia, issued a memorandum stating their plan to extend the statute of repose to attain civil action against builders or contractors whose construction work led to defects or deficiencies caused by incorrect planning or construction.

  • The Legal Intelligencer

    Crouse v. Foltz et al, PICS Case No. 17-1205 (C.P. Adams July 6, 2017) George, J. (10 pages).

    By Carley Meiners | The Legal Intelligencer | August 18, 2017

    Defendants could not maintain their joinder complaint against Littlestown Borough in this action arising out of injuries plaintiff suffered on defendants' property where they failed to demonstrate that the utility services facilities exception to governmental immunity applied. The court granted the defendant municipality's motion for summary judgment.

  • The Legal Intelligencer

    Big Bear Mgmnt. Fund v. Lower Macungie Twp., PICS Case No. 17-1170 (C.P. Lehigh May 25, 2017) Johnson, J. (22 pages).

    By thelegalintelligencer | The Legal Intelligencer | August 11, 2017

    An agreement reached through a series of letters regarding individual billings to mobile home park tenants for sewer charges was binding on the township. Owners of the park were secondarily liable if the individual tenants failed to make payment.

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