Legal Bytes

Appellate Procedure

Hon. Anne Lazarus appointed to Appellate Court Procedural Rules Comm, Appellate Court Rules Comm, May 4, 2017

Failure to file post-trial motions as required by Pa.R.C.P. 227.1 results in waiver of issues on appeal, Coal Tubin’, LLC v. Cambria County Transit Authority, et al, May 12, 2017

Arbitration Agreements

SCOTUS rules that nursing home arbitration clause signed under POA is valid, enforceable, Kindred Nursing Centers LP et al v. Clark et al, May 15, 2017

Civil Procedure

Francis Burns III appointed to Civil Procedural Rules Comm,  Civil Procedural Rules Committee, May 10, 2017

Failure to file post-trial motions as required by Pa.R.C.P. 227.1 results in waiver of issues on appeal, Coal Tubin’, LLC v. Cambria County Transit Authority, et al, May 12, 2017

Owner of incorporated business liable for unjust enrichment/promissory estoppel damages, Gutteridge  et al v. J3 Energy Group, Inc., et al, May 17, 2017

Transcription fees in Philadelphia & Pittsburgh changed effective July 1, 2017, New Transcription Fees, April 25, 2017

Consumer Law

SCOTUS finds bankruptcy proof of claim after S/L expired on debt doesn’t violate FDCPA, Midland Funding, LLC v. Johnson, May 15, 2017

Corporate Law

Owner of incorporated business liable for unjust enrichment/promissory estoppel damages, Gutteridge  et al v. J3 Energy Group, Inc., et al, May 17, 2017

Criminal Law

When police take defendant to hospital, later officer removes handcuffs & leaves, def not guilty of escape by also leaving, Comm. v. Treece, May 5, 2017

Sentence of life w/out parole on juvenile affirmed; sentencing judge consideration of all factors, Comm. v. Shabazz-Davis, May 8, 2017

Endangering welfare of child does not merge with 3rd degree murder charge in death of child, Comm. v. Golpin, May 8, 2017

Superior Ct analyzes facts of “mere encounter” vs “investigatory stop” – suppression reversed, Comm. v. Young, May 11, 2017

“Maliciously” as used in torture of or cruelty to animals act does not require disregard of chance of death, bodily harm, Comm. v. Rush, May 11, 2017

MDJ has no jurisdiction to accept guilty plea to M3 that is a reduced charge from original felony, Comm. v. Noss, May 9, 2017

Admission of testimony about surveillance video w/out actual recordings was harmless error, Comm. v. Green, May 9, 2017

Court can change payee of restitution order to estate of or trust set up by original victim, Comm. v. Biauce, May 15, 2017

Supreme Ct to decide if RTKL petition is moot because judicial records available unofficially on internet, In re: Allegheny County Investigating Grand Jury, May 16, 2017

Supreme Ct to decide if 2nd violation of 1543(b)(1.1) after 1st but before sentencing requires increased minimum sentence, Comm. v. Snyder, May 16, 2017

PaRCrimP 531 & 536 amended, limiting grounds for bail forfeiture by 3rd party, eff. July 1, 2017, Rules of Criminal Procedure, May 2, 2017

Elder Law

SCOTUS rules that nursing home arbitration clause signed under POA is valid, enforceable, Kindred Nursing Centers LP et al v. Clark et al, May 15, 2017

Employment

Supreme Ct to decide if constructive discharge requires actual resignation, Kegerise v. DelGrande et al, May 17, 2017

Annuitant who continued to perform same duties did not have break in service and is ineligible for benefits, Robertson v. PA Public School Employees Retirement System, May 18, 2017

Estates

Court can change payee of restitution order to estate of or trust set up by original victim, Comm. v. Biauce, May 15, 2017

Hon. Stanley Ott reappointed to Orphans’ Court Procedural Rules Comm,  Orphans’ Court Procedural Rules Committee, May 16, 2017

Evidence

Judicial privilege precludes defamation action based on retaliatory claims to investigator for Board of Medicine, Greenberg v. McGraw, May 5, 2017

Family Law

Supreme Ct to decide if voluntary contribution to a trust for a child is a factor in child support decision, Michael Hanrahan v. Bakker, May 3, 2017

Supreme Ct to decide if award of attorney’s fees before redetermination of support on remand is premature, Michael Hanrahan v. Bakker, May 3, 2017

Supreme Ct to decide if “reasonable needs” is standard for child support in high income case, Michael Hanrahan v. Bakker, May 3, 2017

3dCircuit: Tax Ct lacked jurisdiction to consider Innocent Spouse’s untimely petition despite reliance on wrong filing date from IRS, Rubel v. Commissioner IRS, May 9, 2017

Pending criminal charges cannot be used as reason for termination of parental rights, In re: Adoption of A.C. a minor, May 12, 2017

SCOTUS: AZ can’t order vet to indemnify x-wife for retirement pay waived for disability, Howell v. Howell, May 15, 2017

Proposed amendment to Dom Relations Rules for statewide uniformity in support pleadings, comments by August 11, 2017, Domestic Relations Rule Amendments, April 25, 2017

Proposed amendment to Dom Relations Rules precluding unauthorized fees, comments by August 11, 2017, Domestic Relations Rule Amendments, April 25, 2017

Transcription fees in Philadelphia & Pittsburgh changed effective July 1, 2017, New Transcription Fees, April 25, 2017

Juvenile Law

Sentence of life w/out parole on juvenile affirmed; sentencing judge consideration of all factors, Comm. v. Shabazz-Davis, May 8, 2017

PaRJCP 512, 610 & 612 amended requiring counsel to review post-disposition rights with juvenile, eff. 10-1-17,  Juvenile Ct Rules, May 11, 2017

PaRJCP 1320, 1321 amended clarifying private dependency application, eff. 7-1-17, reposted, Juvenile Court Rules, May 17, 2017

PaRJCP 240, 242, 1242 amended precluding waiver of detention or shelter care hearing, eff. 7-1-17, Juvenile Court Rules, May 16, 2017

Labor Law

Wages from denied outside employment logically related to issue of compensation raised in notice of arbitration, Wilkins Township v. Wage Policy Committee of Wilkins Township Police Department, May 18, 2017

Medical Malpractice

Evidence of risks & complications inadmissible in med mal case that is not based on lack of informed consent, Mitchell v. Shikora, et al, May 5, 2017

Pensions

SCOTUS: AZ can’t order vet to indemnify x-wife for retirement pay waived for disability, Howell v. Howell, May 15, 2017

Annuitant who continued to perform same duties did not have break in service and is ineligible for benefits, Robertson v. PA Public School Employees Retirement System, May 18, 2017

Personal Injury

Help annihilate Distracted Driving; self-test your knowledge with this fast interactive quiz

Right to Know Law

Supreme Ct to decide if RTKL petition is moot because judicial records available unofficially on internet, In re: Allegheny County Investigating Grand Jury, May 16, 2017

School Law

Charter should be granted when no evidence for-profit provider would exert control over of charter  school, Insight PA Cyber Charter School v. Department of Education, May 18, 2017

Taxes

3dCircuit: Tax Ct lacked jurisdiction to consider Innocent Spouse’s untimely petition despite reliance on wrong filing date from IRS, Rubel v. Commissioner IRS, May 9, 2017

General Interest

Anthony Aliano appointed Chair, Clifford Levine Vice Chair, Continuing Legal Education Board, Continuing Legal Education Bd, May 3, 2017

Manning O’Connor II appointed to CLE Board,  Continuing Legal Education Board, May 10, 2017

MDJ Richard King appointed to Minor Court Judiciary Education Bd,  Minor Court Education, May 10, 2017

Amazon Alexa can now track billable hours, May 15, 2017

Supreme Ct warns attorneys about phone scam using caller ID for Prothonotary’s office, Phone scam, May 11, 2017

Help annihilate Distracted Driving; self-test your knowledge with this fast interactive quiz

Revised Uniform Law on Notarial Acts will be completely effective 10-26-17, Notarial Acts, April 28, 2017

Transcription fees in Philadelphia & Pittsburgh changed effective July 1, 2017, New Transcription Fees, April 25, 2017

PA Supreme Court reduces active attorney registration fees, increases inactive attorney’s fees, both effective for the 2017-18 annual attorney assessment, Rule 219, February 15, 201

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