Legal Bytes

Civil Procedure

Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Criminal Law

Sentence for recidivist retail theft cannot use facts underlying NY conviction for petit larceny to show statutes are similar,  Comm. v. Vandyke, March 1, 2017

Changes to Pa.R.E. 803.1 & others adopted to admit prior statement of “turncoat witness,” effective 4-1-17, Amendments to Pa Rules of Evidence, March 1, 2017

Superior Court analyzes Double Jeopardy claim for PA prosecution after federal guilty plea, Comm. v. Gross, February 28, 2017

Supreme Court to decide if claim barring retrial for Double Jeopardy needs hearing or can use factual findings by original trial judge, Comm. v. Brown, February 28, 2017

Defendant can withdraw guilty plea before sentencing with assertion of innocence that is “at least plausible,” Comm. v. Islas, February 24, 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

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

Employment Law

Damages limited under Pa.R.C.P. 1311.1 in wage and hour case do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Family Law

Changes to Pa.R.E. 803.1 & others to admit prior statement of “turncoat witness” effective 4-1-17, Amendments to Pa Rules of Evidence, March 1, 2017

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

Juvenile Law

Changes to Pa.R.E. 803.1 & others to admit prior statement of “turncoat witness” effective 4-1-17, Amendments to Pa Rules of Evidence, March 1, 2017

DHA failure to have placement plan at dependency hearing is insufficient to support trial court finding of no “reasonable efforts” to prevent removal, In the Interest of K.C., a Minor, February 24, 2017

Proposed new PA Rules of Juvenile Court Procedure 415 and 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 Pa.R.J.C.P. 170 and 172 – include Juvenile Offense Tracking Number in expungement motion, comments by 3-20-17, Juvenile Court Rules 170, 172, February 10, 2017

Municipal Law

Owner’s constitutional rights not violated when tenant gives permission to view property for code violations, Comm. v. Cannarozzo, March 1, 2017

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

Changes to Pa.R.E. 803.1 and others to admit prior statement of “turncoat witness” effective 4-1-17, Amendments to Pa Rules of Evidence, March 1, 2017

Jury instruction on “two schools of thought” inapplicable to failure to diagnose medical malpractice case, Tillery et al v. Children’s Hospital of Philadelphia et al, February 28, 2017

College has duty to student-athletes to have qualified medical staff at football tryout, Feleccia and Resch v. Lackawanna College et al, February 24, 2017

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

Workers’ Compensation

Supreme Ct to decide if WC claimant must prove exposure to specific carcinogen under Section 108(r),  City of Philadelphia Fire Dept. v. WCAB (Sladek), March 1, 2017

General Interest

Damages limited under Pa.R.C.P. 1311.1 in wage and hour case do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017

Kezia Taylor appointed to PA Board of Law Examiners, Appointment, February 28, 2017

Gerald Lawrence, Davis Rasner reappointed to PA Board of Law Examiners, Appointment, February 28, 2017

George Hartwick III appointed as non-lawyer member of PA Lawyers Fund for Client Security, Appointment, February 24, 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, 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

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