Legal Bytes

Civil Procedure

Theory that anticipatory breach starts running of S/L time period waived if not included in Rule 1925(b) concise statement, Andrews v. Cross Atlantic Capital Partners, Inc., March 21, 2017

General denial of Requests for Admission in bad faith has effect of admission, Discover Bank v. Repine, March 15, 2017

Sharing opinion letter by outside counsel with PR firm waives attorney client privilege & work product, Bousamra v. Exela Health et al, March 13, 2017

For more details, see blog post by Kevin Allen, March 21, 2017

Criminal Law

Issues contained in untimely Rule 1925(b) concise statement by pro se criminal defendant are waived, Comm. v. Boniella, March 22, 2017

Expert witness on eyewitness testimony admissible if relevant under Pa.R.E. 401 standard, Comm. v. Selenski, March 16, 2017

Evidence of intoxication & DUI guilty plea admissible in subsequent civil case, Vetter and Jones v. Miller, March 10, 2017

Police with warrant found defendant in bed; searched pants next to bed; drugs found admissible, Comm. v. Petty, March 10, 2017

Discovery

General denial of Requests for Admission in bad faith has effect of admission, Discover Bank v. Repine, March 15, 2017

Sharing opinion letter by outside counsel with PR firm waives attorney client privilege & work product, Bousamra v. Exela Health et al, March 13, 2017

For more details, see blog post by Kevin Allen, March 21, 2017

Elder Law

POs sustained, AG’s complaint against senior-care center under consumer protection law dismissed, Commonwealth of PA  v. Golden Gate National Senior Care, LLC, et al, March 22, 2017

Employment Law

3rd Circuit: Prima facie, plaintiff only needs evidence for inference that engagement in protected activity was likely reason for adverse employment action, not the but-for reason, Millicent Carvalho-Grevious v. Delaware State University, et al, March 21, 2017

Liquidated damages under Wage Payment Act supplement, but do not supplant, recovery of wages earned, Andrews v. Cross Atlantic Capital Partners, Inc., March 21, 2017

Failure to serve complaint on AG makes service defective and deprives trial court of jurisdiction to enter default judgment in employment discrimination case against Dept. of Revenue, Kreidie v. Comm. of PA, Dept. of Revenue, March 10, 2017

Evidence

Expert witness on eyewitness testimony admissible if relevant under Pa.R.E. 401 standard, Comm. v. Selenski, March 16, 2017

Sharing opinion letter by outside counsel with PR firm waives attorney client privilege & work product, Bousamra v. Exela Health et al, March 13, 2017

For more details, see blog post by Kevin Allen, March 21, 2017

Evidence of intoxication & DUI guilty plea admissible in subsequent civil case, Vetter and Jones v. Miller, March 10, 2017

Family Law

 

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

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

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

Real Estate

3rd Circuit: Mortgage insurance obligation end date remains tied to initial purchase price of home in case where fed aid reduced principal balance, Ginnine Fried v. JP Morgan Chase & Co. et al, March 9, 2017

Reassessment due to improvements made before purchase of property not impermissible spot reassessment, Fasnacht v. Board of Property Assessment Appeals of Schuylkill County, March 9, 2017

Torts

Evidence of intoxication & DUI guilty plea admissible in subsequent civil case, Vetter and Jones v. Miller, March 10, 2017

Sleep deprivation insufficient to establish “serious injury” to get full-tort damages in auto case, Vetter and Jones v. Miller, March 10, 2017

Company demolishing fire-damaged building was not acting as an employee of City of Philadelphia and not immune from liability under Political Subdivision Tort Claims Act, State Farm Fire and Casualty Co. et al v. JPC Group, Inc., March 9, 2017

Unemployment Compensation

UC Board of Review did not err in dismissing appeal as untimely when UC claimant was not misled about appeal rights, Greene v. Unemployment Compensation Board of Review, March 10, 2017

General Interest

Sharing opinion letter by outside counsel with PR firm waives attorney client privilege & work product, Bousamra v. Exela Health et al, March 13, 2017

For more details, see blog post by Kevin Allen, March 21, 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

 

 

By | 2017-05-19T22:51:20+00:00 March 23rd, 2017|Categories: General|Comments Off on Legal Bytes

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