Legal Bytes – July 14, 2017

Bankruptcy

3dCir rules: debtor receipt of goods within 20 days of filing bankruptcy must be physical possession by debtor/agent, not common carrier, In re World Imports, Ltd, et al, July 10, 2017

Civil Procedure

3d rules federal court can abstain from exercising its jurisdiction only if it has jurisdiction to abstain from, Hamilton v. Bromley et al, July 10, 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

Proposed new PaRCP 2005 to govern procedure for naming unknown defendant in civil case, comments by August 4, 2017, PaRCP 2005, May 25, 2017

Constitutional Law

Statute criminalizing conflict of interest by judges is constitutional, Comm v. Willis, July 10, 2017

3dCir rules First Amendment goes past press & self-expression; bystanders may video police actions, Fields v. City of Philadelphia, July 7, 2017

Consumer Law

3d Cir says Telecommunications Consumer Protection Act gives standing to plaintiff whose cell phone received solicitor’s message, Susinno v. Work Out World, et al, July 10, 2017

Criminal Law

Statute criminalizing conflict of interest by judges is constitutional, Comm v. Willis, July 10, 2017

3dCir affirms kidnapping convictions of rabbis; public safety trumps religious freedom, U.S. v. Stimler, July 7, 2017

US DOJ wins case against operators of fake law firm; homeowners victimized, Dept. of Justice Release, July 12, 2017

Superior Ct: Using hearsay exclusively to establish prima facie case does not violate due process, Comm. v. Dolan, July 7, 2017

Superior Ct: Work release prisoner, fails to go to work, returns to prison voluntarily can be convicted of escape, Comm. v. Waugaman, July 13, 2017

Superior Ct:Comm PCRA counsel can’t privately interview defense trial counsel in PCRA prep, Comm. v. King, July 12, 2017

Superior Ct: No restitution for lost laptop with evidence of one crime based on plea to different crime, Comm. v. Zrncic, July 12, 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

Cyber Law

IRS offers advice to tax pros on avoiding ‘spear fishing’ cyber attacks, IRS Release, July 11, 2017

Employment Law

EEOC wins judgment against bank who paid female employees less than males in similar jobs, EEOC Release, July 11, 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

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

Proposal republished to amend PaRCP 1915.3 on how custody judge checks on dependency proceedings, comments by 8-4-17, Domestic Relations Rules, June 2, 2017

Proposal to amend several Domestic Relations Rules on unauthorized fees, uniformity of support pleadings, comments by August 11, 2017, Domestic Relations Rules, June 2, 2017

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

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

Judiciary

Statute criminalizing conflict of interest by judges is constitutional, Comm v. Willis, July 10, 2017

Juvenile Law

Proposal to amend PaRJCP 148, 1146, 1148 on truancy, educational decision-maker & stability, comments by August 7, 2017, Juvenile Court Rules, June 5, 2017

Proposal to amend PaRJCP 160, 1160 to allow access to dependency ct records to custody judge, others, comments by August 7, 2017, Juvenile Court Rules, June 5, 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

Municipal Law

Legislature sends Governor amendments to First Class townships re resignation of supervisors, Township Code amendment, July 10, 2017

Supreme Ct to review application of real estate exception to governmental immunity, Brewington et al v. City of Philadelphia, July 11, 2017

Real Estate

Supreme Ct to review application of real estate exception to governmental immunity, Brewington et al v. City of Philadelphia, July 11, 2017

Superior Ct discusses authentication of change order in construction delay damages case, Sycamore Restaurant Group, Inc., v. Stampfi Hartke Associates, LLC,  July 12, 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

Tax

IRS offers advice to tax pros on avoiding ‘spear fishing’ cyber attacks, IRS Release, July 11, 2017

Torts

Supreme Ct to review application of real estate exception to governmental immunity, Brewington et al v. City of Philadelphia, July 11, 2017

Workers Compensation

Impairment-rating evaluation requirement to use AMA Guidelines violates constitution, delegating legislative power, Protz v. WCAB (Derry Twp.), June 20, 2017

PBI webinar on how to handle cases after landmark Protz decision, August 10, 2107, Register Here

General Interest

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

IRS offers advice to tax pros on avoiding ‘spear fishing’ cyber attacks, IRS Release, July 11, 2017

US DOJ wins case against operators of fake law firm; homeowners victimized, Dept. of Justice Release, July 12, 2017

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

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