Legal Bytes

Civil Procedure

Lis pendens is not available when complaint is for money damages under Stock Purchase Agreement, In re: Foremost Industries v. GLD Foremost Holdings, LLC, February 16, 2017

Criminal Law

Third Circuit decides that inmates cannot be held on death row after sentence vacated without regular and meaningful review of placement, Williams v. Secretary, PA Department of Corrections, February 9, 2017

Statements made with reasonable expectation they were part of plea negotiation are inadmissible under PA Rules of Evidence 410, Comm. v. Burno, February 22, 2017

Admission of inadmissible confession that is substantially similar to untainted confession is harmless error, Comm. v. Burno, February 22, 2017

Superior Ct discusses defense of “other lawful purpose” for the knife when there is a charge of possessing weapon on school property, Comm. v. Goslin, February 16, 2017

Supreme Ct to decide if Superior Ct can remand for resentencing on a portion of sentence, not all, Comm. v. DiMatteo, February 15, 2017

Employment Law

Whistleblower Law does not apply to judicial employees because doing so would violate separation of powers  February 23, 2017

Environmental Law

Pa. DEP:  Comment period open until March 21 on two regulations on general permits, revisions to air quality exemption for methane and other pollutant reduction related to gas drilling and transport, Proposed Regulations, February 16, 2017

Family Law

Supreme Ct adopts new Support Guidelines, effective May 1, 2017, Support Guidelines, February 10, 2017

Proposed changes to PaRCP 1915.11-1 & 1915.23 re-establishing parent coordinators, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 155,

Proposed changes to PaRCP 1920.42, 1920.51, 1920.72 & 1920.73 , related to Act 24 of 2016 providing for the presumption of consent to divorce when there is an allegation that a party is the victim of domestic abuse, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 158

Proposed changes to PaRCP 1910.16-1, calculating child support when an individual 3rd party, not a public body or private agency, is seeking support, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 159

Juvenile Court

Juvenile sent by parents in El Salvador to live with uncle in PA is not “dependent” under Juvenile Act, In the Interest of L.E.A.-M., A Minor, February 16, 2017

Proposed new PA Rules of Juvenile Court Procedure 415 & 518 – challenge to sufficiency of evidence must be raised with trial judge, comments by 3-20-17, Juvenile Ct Rules 415, 518, February 10, 2017

Proposed change to PaRJCP 170 & 172 – include Juvenile Offense Tracking Number in expungement motion, comments by 3-20-17, Juvenile Court Rules 170, 172, February 10, 2017

Municipal Law

Court-appointed Board can use doctrine of acquiescence to determine boundary between townships when actual boundary is uncertain,  Adams Township v. Richland Township, et al, February 22, 2017

Personal Injury

UIM coverage rejection form is valid despite inconsequential deviations from statutory form, Ford v. American States Insurance Co., February 22, 2017

General Interest

Gretchen Mundorff appointed Chair and Anthony Aliano appointed Vice Chair, Continuing Legal Education Board, Appointment, February 15, 2017

Douglas Ress appointed to Continuing Legal Education Board, Appointment, February 15, 2017

PA Supreme Court reduces active attorney registration fees, increases inactive attorneys fees, both effective for the 2017-18 annual attorney assessment, Rule 219, February 15, 2017

Supreme Ct adopts Public Access Policy for Case Records in Appellate, Trial Courts, local rules vacated unless approved by AOPC on recommendation of President Judge, effective January 6, 2018, AOPC Policy

Supreme Ct announces available positions on the Disciplinary Board and Juvenile Court Procedural Rules Comm.; applications by 2-28-17, Announcement

Court rejects attorney’s argument that he is exempt from Auctioneer Licensing Act due to his status as an attorney, February 23, 2017

Workers’ Compensation

Claimant performing remodeling work for restaurant that had not yet opened not an employee under WC Act. February 23, 2017

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