Legal Bytes

Appellate Practice

Order modifying amount of a confessed judgment is not appealable, Blackburn v. King Investment Group, LLC, April 5, 2017

Banking

US Supreme Court rules for merchants who wish to communicate to customers a surcharge for credit card use, Expressions Hair Design el al v. Schneiderman, Attorney General of NY, et al, March 29, 2017

Bankruptcy

3rd Circuit rules against supplier who sold goods on credit to contractor who incorporated goods into 3d party’s property; supplier‘s lien on 3d party property not allowed due to contractor’s bankruptcy, In re: Linear Electric Co., Inc, March 30, 2017

Civil Procedure

Supreme Ct to decide if objection to jury instruction preserved with pretrial proposed instruction, Jones v. Ron Ott and/or Eastern Elevator Service and Sales Co., April 3, 2017

3rd Circuit: cases of plaintiffs who filed tort claims together for fed pretrial coordination, w insufficient clarity, will be tried in fed court, jointly, despite their argument for individual state trials, Melissa Ramirez v. Vintage Pharmaceuticals, LLC, et al, March 28, 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

Constitutional Law

3d Circuit: Residents who threatened suit had legit retaliation/ violation of right to petition claims when local officials refused communications except via govt counsel, Mirabella v. Villard, et al, April 4, 2017

US Supreme Court rules for merchants who wish to communicate to customers a surcharge for credit card use, Expressions Hair Design el al v. Schneiderman, Attorney General of NY, et al, March 29, 2017

Criminal Law

Supreme Ct asks for briefs on waiver of right to prompt trial under PaRCrimP 600, Comm. v. Barbour, April 4, 2017

Proposed new Pa.R.Crim.P. 490.1 on expungement of summary truancy conviction, comments by May 5, 2017, Criminal Procedural Rules Amendment

Proposed amendment to Pa.R.Crim.P. 522 re reluctant material witness who is under 18, comments by May 5, 2017, Criminal Procedural Rules Amendment

Discovery

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

Employment Law

US Labor Dept cautions employers as it announces new initiatives to detect abuse in H-1B visa program, Dept. of Labor, April 4, 2017

Evidence

Superior Ct discusses jury instruction on possession of online child pornography,
Comm.  v. Sauers, March 30, 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

Family Law

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

Federal Practice

3rd Circuit rules on complaints that seek both declaratory & legal relief; remands case to trial court, Rarick v. Federated Service Insurance Co., March 28, 2017

3rd Circuit: cases of plaintiffs who filed tort claims together for fed pretrial coordination, w insufficient clarity, will be tried in fed court, jointly, despite their argument for individual state trials, Melissa Ramirez v. Vintage Pharmaceuticals, LLC, et al, March 28, 2017

3rd Circuit: Merck/Fosamax case: Summary judgment vacated and remanded to trial court; defendant did not prove right to preemption, In Re: Fosamax Products Liability Litigation, March 22, 2017

Labor Law

US Labor Dept cautions employers as it announces new initiatives to detect abuse in H-1B visa program, Dept. of Labor, April 4, 2017

Municipal Law

3d Circuit: Residents who threatened suit had legit retaliation/ violation of right to petition claims when local officials refused communications except via govt counsel, Mirabella v. Villard, et al, April 4, 2017

Personal Injury

Arbitration clause in home inspector’s contract upheld in tort action, Fellerman v. PECO Energy Co., et al, March 30, 2017

Real Estate

Sign permit revoked- “Interchange Prohibition” is applicable to both interstate and limited access highways, Kegerreis v. PennDOT, April 3, 2017

3rdCircuit rules against supplier who sold goods on credit to contractor who incorporated goods into 3d party’s property; supplier‘s lien on 3d party property not allowed due to contractor’s bankruptcy, In re: Linear Electric Co., Inc, March 30, 2017

Order modifying amount of a confessed judgment is not appealable, Blackburn v. King Investment Group, LLC, April 5, 2017

Arbitration clause in home inspector’s contract upheld in tort action, Fellerman v. PECO Energy Co., et al, March 30, 2017

Taxes

IRS explains small biz new option for claiming research credit, even retroactively, IRS Guidance, March 30, 2017

General Interest

PA judges prohibited from bias, harassment based on gender identity or expression, eff. immediately, Rules of Judicial Conduct, March 28, 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

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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