Legal Bytes: July 31, 2017

Civil Procedure

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

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

Criminal Law

Supreme Ct to review application of Deadly Weapon Used enhancement, mens rea requirement, Comm. v. Smith, July 26, 2017

Supreme Ct to decide if DA can appeal suppression order for 4 defendants with 1 notice, Comm. v. Walker, et al, July 24, 2017

Supreme Ct: Single burglary conviction does not preclude entering risk reduction incentive program, Comm. v. Cullen-Doyle, July 20, 2017

Supreme Ct: Evidence resulting from illegal seizure of car inadmissible against passenger w/out expectation of privacy, Comm. v. Shabezz, July 19, 2017

Supreme Ct: Evidence from blood test of DUI suspect unconscious because of medical injection is inadmissible, Comm. v. Myers, July 19, 2017

Supreme Ct: Retroactive application of SORNA registration rules violates PA ex post facto clause, Comm. v Muniz, July 19, 2017

Superior Ct: Evidence of refusal of blood alcohol test inadmissible in reckless endangerment case, Comm. v. Rich, July 17, 2017

Superior Ct: Penalty provisions of SORNA do not violate ex post facto clause, Comm. v. Williams, July 18, 2017

Judge Blaise Larotonda, Michael Machen reappointed to Criminal Procedural Rules Committee, Criminal Procedural Rules Committee, July 18, 2017

Brian Perry appointed Chair, Judge Margherita Worthington, Vice Chair, Criminal Proc. Rules Comm, Criminal Procedural Rules Committee, July 18, 2017

Superior Ct: DUI defendant can’t be required to have a CRN evaluation before guilty plea, Comm. v. Parsons, July 14, 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

Superior Ct: Double jeopardy precludes 3 sentences for convictions of DUI sect. 3802(a)(1), 3804(c) & (b), Comm. v. Farrow, July 27, 2017

Cyber Law

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

Discovery

Superior Ct on attorney-client privilege, work product of Freeh office in Penn State litigation, Paterno et al v. NCAA et al, July 25, 2017

Estates

Supreme Ct: Trustee can only be removed w/ court approval under UTA Sect 7766, cannot change trustee by agreement of beneficiaries under UTA Sect. 7740.1; cannot add portability clause to trust by agreement, Trust under Agreement of Taylor, July 19, 2017

Superior Ct discusses evidence to rebut presumption of revocation of a lost will; problems with multiple signed original wills, In re Estate of Maddi, July 25, 2017

Elder Law

CMS issues proposed regs on pre-admission nursing home arbitration agreements, Nursing Home Arbitration, July 25, 2017

Evidence

Superior Ct: Evidence of refusal of blood alcohol test inadmissible in reckless endangerment case, Comm. v. Rich, July 17, 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

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

Health Law

CMS issues proposed regs on pre-admission nursing home arbitration agreements, Nursing Home Arbitration, July 25, 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

Magisterial District Justice Practice

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17, Magisterial District Justice Practice, July 27, 2017

Municipal Law

Governor signs amendments to First Class townships re resignation of supervisors, Act 23 or 2017, Township Code amendment, July 20, 2017

Real Estate

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

CMS issues proposed regs on pre-admission nursing home arbitration agreements, Nursing Home Arbitration, July 25, 2017

Superior Ct: Security firm liable for shooting by suspended employee; punitive damages dismissed, Wilson v. U.S. Security Associates et al, July 18, 2017

Superior Ct: Evidence of refusal of blood alcohol test inadmissible in reckless endangerment case, Comm. v. Rich, July 17, 2017

Trusts

Supreme Ct: Trustee can only be removed w/ court approval under UTA Sect 7766, cannot change trustee by agreement of beneficiaries under UTA Sect. 7740.1; cannot add portability clause to trust by agreement, Trust under Agreement of Taylor, July 19, 2017

Whistleblower Litigation

Superior Ct on attorney-client privilege, work product of Freeh office in Penn State litigation, Paterno et al v. NCAA et al, July 25, 2017

Workers Compensation

Limits on length of disability payments for injury in workplace held unconstitutional, 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

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

Supreme Ct lists approved depositories for fiduciary accounts, IOLTA accounts, July 28, 2017

 

 

 

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