Legal Bytes – August 22, 2017

Appellate Practice

Comments by 9-12-17 re proposed new PaRAP 127 & other Rules on confidential information, Rules of Appellate Procedure on Public Access, August 18, 2017

Auto Insurance Law

Supreme Ct to review MVFRL household exclusion where insurer issues 2 policies when insured wanted stacking, Gallagher v. GEICO Indemnity Co., August 8, 2017

Civil Procedure

Supreme Ct to decide if non-PA resident can sue a business operating in PA under the UTPCPL based on acts outside PA, Danganan v. Guardian Protection Services, August 8, 2017

Son is 3rd party beneficiary of parents MSA requiring payments for college education, Weber v. Weber v. Weber, August 11, 2017

Superior Court agrees that trial court can reform contract when mutual mistake about legal power to perform one provision, Murray v. Williston Township, August 17, 2017

Superior Ct: Business has no duty to business invitee involved in fight except to call police, Reason v. Kathryn’s Korner Thrift Shop, et al, August 17, 2017

Supreme Ct extends assignment of 26 Municipal Court Judges to Philadelphia Court of Common Pleas, Extension of Temporary Philadelphia Assignments, August 17, 2017

Supreme Ct to analyze S/L discovery rule for diagnosis of Lyme disease, Licolaou v. Martin et al, August 18, 2017

Comments by 9-12-17 on proposed changes to PaRCP 205.6, 229.2, 240 on confidential information, Civil Procedural Rules on Public Access, August 18, 2017

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17,

Magisterial District Justice Practice, July 27, 2017

Supreme Ct amends PaRCP 1063 & 1093 re mandamus, quiet title actions, eff. 10-1-17, PaRCP 1063, 1093, June 27, 2017

Supreme Ct amends PaRCP 1656 re mechanics lien actions, eff. 10-1-17, PaRCP 1656, June 27, 2017

Consumer Law

Supreme Ct to decide if non-PA resident can sue a business operating in PA under the UTPCPL based on acts outside PA, Danganan v. Guardian Protection Services, August 8, 2017

3d Cir allows plaintiff’s procedural due process claim in test of Delaware escheat law, Plains All American Pipeline LP v. Cook, et al, August 9, 2017

CFPB posts final changes to mortgage disclosure requirements under Truth-in-Lending (Reg Z), Mortgage Disclosures, Truth in Lending, August 17, 2017

Criminal Law

Mail from attorneys to inmates in Allegheny Co Jail will require bar-coded labels effective 9-1-17,  Allegheny County Jail, August 17, 2017

Supreme Ct to decide if police can reenter residence after exigency allowing 1st entry dissipates, Comm. v. Wilmer, August 9, 2017

Superior Ct: Former criminal defense attorney subject to protective order re earlier discovery materials is “aggrieved” for appeal, Comm. v. Sellers, August 11, 2017

Superior Ct reviews suppression decision after conditional guilty plea, Comm. v. Singleton, August 17, 2017

Supreme Ct extends assignment of 26 Municipal Court Judges to Philadelphia Court of Common Pleas, Extension of Temporary Philadelphia Assignments, August 17, 2017

Comments by 9-12-17 re proposed new PaRCrimP 113.1 on confidential information,  Rules of Criminal Procedure on Public Access, August 18, 2017

Supreme Ct amends PaRCrimP 205 to allow time in search warrant Rule to extract electronically stored information, effective 10-1-17, Rules of Criminal Procedure, July 31, 2017

Proposed amendment to PaRCrimP 230 – disclosure of Grand Jury testimony of trial witness before cross, comments by 9-14-17, Rules of Criminal Procedure, August 1, 2017

Proposed amendment to PaRCrimP 602 – challenges to trial or sentencing in absentia, comments by 9-15-17, Rules of Criminal Procedure, August 1, 2017

Proposed amendments to PaRCrimP related to death penalty cases, comments by 10-12-17, Rules of Criminal Procedure, August 1, 2017

Change to PA Rules of Evidence 902 comment re self-authenticating record of prior conviction approved, effective November 1, 2017, PA Rules of Evidence, June 12, 2017

Estates

Comments by 9-21-17 re proposed Orphans’ Court Rules on Guardianship, Orphans’ Court Procedural Rules, August 18, 2017

Comments by 9-12-17 on proposed Orphans’ Ct Rule 1.99 on confidential information,  Orphans’ Court Procedural Rules on Public Access, August 18, 2017

Evidence

Change to PA Rules of Evidence 902 comment re self-authenticating record of prior conviction approved, effective November 1, 2017, PA Rules of Evidence, June 12, 2017

Family Law

Philadelphia Family Court is looking for a Custody/Support Master, Philadelphia Custody/Support Master, August 21, 2017

Superior Ct: Spouse can’t negate MSA recital of knowledge of assets based on later statement that she did not know about pension, Bennett v. Bennett, August 4, 2017

Son is 3rd party beneficiary of parents MSA requiring payments for college education, Weber v. Weber v. Weber, August 11, 2017

Superior Ct weighs custody factors, reverses trial court decision, M.J.N. v. J.K., August 18, 2017

Supreme Ct extends assignment of 26 Municipal Court Judges to Philadelphia Court of Common Pleas, Extension of Temporary Philadelphia Assignments, August 17, 2017

Comments by 9-12-17 on proposed changes to numerous Domestic Relations Rules on confidential information, Domestic Relations Procedural Rules on Public Access, August 18, 2017

Supreme Ct amends PaRCP 1910.16-1 re child support to non-parent with custody, effective 10-1-17, Rules of Civil Procedure, August 3, 2017

Supreme Ct amends PaRCP 1910.16-6 on adjustments to basic support obligations, effective 10-1-17, PA Rules of Civil Procedure, June 23, 2017

Guardianships

Comments by 9-21-17 re proposed Orphans’ Court Rules on Guardianship, Orphans’ Court Procedural Rules, August 18, 2017

Juvenile Law

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Proposed amendments to numerous PaRJCP to reflect Indian Child Welfare Act, BIA regs, comments by 9-7-17, Rules of Juvenile Court Procedure, August 18, 2017

Proposed amendment to PaRJCP 1601, 1608 re notice of intent to change goal from reunification,  Rules of Juvenile Court Procedure, August 18, 2017

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

Magisterial District Justice Practice

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17,

Magisterial District Justice Practice, July 27, 2017

Personal Injury

Supreme Ct to decide liability of contractor for dangerous condition discoverable by later user, owner, Davis v. NVR, Inc, et al, August 8, 2017

Supreme Ct to decide if WC lien holder can sue to recoup money paid to injured worker by tortfeasor, Hartford Insurance Group et al v. Kamara et al, August 9, 2017

Superior Ct: Business has no duty to business invitee involved in fight except to call police, Reason v. Kathryn’s Korner Thrift Shop, et al, August 17, 2017

Superior Ct discusses when contractors is liable for injuries to employee of subcontractor, Baird v. Smiley et al, August 18, 2017

Supreme Ct to analyze S/L discovery rule for diagnosis of Lyme disease, Licolaou v. Martin et al, August 18, 2017

Public Access to Court Records

Hear how the new Public Access policy and all of the procedural rule changes impact your practice; special PBI program on August 30. Register here.

Comments by 9-12-17 on proposed changes to numerous Domestic Relations Rules on confidential information, Domestic Relations Procedural Rules on Public Access, August 18, 2017

Comments by 9-12-17 on proposed changes to PaRCP 205.6, 229.2, 240 on confidential information, Civil Procedural Rules on Public Access, August 18, 2017

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Comments by 9-12-17 re proposed new PaRCrimP 113.1 on confidential information, Rules of Criminal Procedure on Public Access, August 18, 2017

Comments by 9-12-17 re proposed new PaRAP 127 & other Rules on confidential information, Rules of Appellate Procedure on Public Access, August 18, 2017

Real Estate

Superior Ct finds loan agreement ambiguous, denies attorney’s fees in foreclosure; no decision on fees for in-house counsel, Enterprise Bank v. Frazier Family LP, August 8, 2017

3d Cir allows plaintiff’s procedural due process claim in test of Delaware escheat law, Plains All American Pipeline LP v. Cook, et al, August 9, 2017

CFPB posts final changes to mortgage disclosure requirements under Truth-in-Lending (Reg Z), Mortgage Disclosures, Truth in Lending, August 17, 2017

Supreme Ct amends PaRCP 1063 & 1093 re mandamus, quiet title actions, effective October 1, 2017, PaRCP 1063, 1093, June 27, 2017

Supreme Ct amends PaRCP 1656 re mechanics lien actions, effective October 1, 2017, PaRCP 1656, June 27, 2017

School Law

Supreme Ct reverses string of Commonwealth Ct opinions on process to amend Charter School charter, finding no statutory procedure or standards, Discovery charter School v. School District of Philadelphia et al, August 8, 2017

Workers’ Compensation

Supreme Ct to decide if WC lien holder can sue to recoup money paid to injured worker by tortfeasor, Hartford Insurance Group et al v. Kamara et al, August 9, 2017

Superior Ct discusses when contractors is liable for injuries to employee of subcontractor, Baird v. Smiley et al, August 18, 2017

General Interest

Philadelphia Family Court is looking for a Custody/Support Master, Philadelphia Custody/Support Master, August 21, 2017

Magisterial Districts in Westmoreland Co changes effective 1-1-18, Westmoreland Co MDJ, July 11, 2017

Revised Uniform Law on Notarial Acts will be completely effective October 26, 2017, Notarial Acts, April 28, 2017

 

 

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