Legal Bytes – July 7, 2017

Adoption

Failure to provide clear instructions to father on how to obtain free counsel in ITPR requires reversal, In re Adoption of C.A.S., June 21, 2017

Animal Law

Libres Law signed by Gov Wolf; increases penalties for cruelty to animals, Animal Law, June 28, 2017

Civil Procedure

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

Consumer Law

Financial advisor is not a fiduciary in purchase of whole life insurance policy when buyer retains decision-making control, Yenchi v. Ameriprise Financial, Inc, June 20, 2017

Criminal Law

Supreme Ct: Failure to challenge DNA evidence not incompetence when identity not seriously challenged, Comm. v. Pruitt, June 20, 2017

Supreme Ct: Time for normal progression of criminal case not “delay” Rule 600, Comm. v. Mills, June 20, 2017

Libres Law presented to Gov Wolf for signature; increases penalties for cruelty to animals, Animal Law, June 23, 2017

Supreme Ct: New presumption against imposing life w/out parole for juvenile offender based on SCOTUS Miller case, Comm. v. Batts, June 26, 2017

Supreme Ct: Rebutting presumption requires proof beyond reasonable doubt juvenile incapable of rehabilitation, Comm. v. Batts, June 26, 2017

Bill regarding police body-cam recordings presented to Gov Wolf for signature, Body-cams, June 29, 2017

Gov Wolf signs bill reforming civil asset forfeitures, Civil Asset Forfeitures, June 29, 2017

Supreme Ct: Evenly divided court affirms there is no “good faith” exception to exclusionary rule in PA, Comm. v. Hopkins, June 30, 2017

Supreme Ct: Evidence found in search based on warrant w/ facts later found to be false suppressed, Comm. v. Hopkins, June 30, 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

Dependency Law

Superior Ct: Custody Order in County A; dependency case in County B; hearings on both; County A can retain jurisdiction, B.A.B v. J.J.B., June 26, 2017

Employment Law

Supreme Ct: Former employee precluded from inspecting personnel file, Thomas Jefferson University Hospitals, Inc. v. PA Dept Labor & Industry, June 20, 2017

Delaware to become first state to ban employers from asking applicants about salary history, DE salary history ban, June 19, 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

Environmental Law

Supreme Ct explains state’s duties under Environmental Rights Amendment, Sect 27, Pennsylvania Environmental Defense Foundation v. Comm. of PA, June 20, 2017

Royalties from gas from state forests, parks must be held by PA as corpus of trust under Sect 27, Pennsylvania Environmental Defense Foundation v. Comm. of PA, June 20, 2017

Royalties from gas under state forests, parks must be devoted to conservation of public natural resources, Pennsylvania Environmental Defense Foundation v. Comm. of PA, June 20, 2017

Public trust provisions of Sect 27, PA Constitution are self-executing, Pennsylvania Environmental Defense Foundation v. Comm. of PA, June 20, 2017

Legislative diversion of Oil & Gas Lease Funds to non-trust purposes w/o exercise of fiduciary duties unconstitutional, Pennsylvania Environmental Defense Foundation v. Comm. of PA, June 20, 2017

Family Law

Failure to provide clear instructions to father on how to obtain free counsel in ITPR requires reversal, In re Adoption of C.A.S., June 21, 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

Superior Ct: Custody Order in County A; dependency case in County B; hearings on both; County A can retain jurisdiction, B.A.B v. J.J.B., June 26, 2017

Superior Ct: In partition action, one joint owner not entitled to credit because he made full down-payment, Kapcsos v. Benshoff, June 29, 2017

Superior Ct: In partition action, one joint owner entitled to credit for mortgage payments made, Kapcsos v. Benshoff, June 29, 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 8-11-17,  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

Transcription fees in Philadelphia & Pittsburgh changed effective July 1, 2017, New Transcription Fees, April 25, 2017

Forfeiture

Gov Wolf signs bill reforming civil asset forfeitures, Civil Asset Forfeitures, June 29, 2017

Gaming Law

Supreme Ct: Slot licensee who lends money to another licensee acquires monetary interest in borrower, Sugarhouse HSP Gaming LP v. PA Gaming Control Board, June 20, 2017

Immigration

Travel ban on foreign nationals from 6 countries stayed, in part, by SCOTUS, Trump v. International Refugee Assistance Project, et al, June 26, 2017

Juvenile Law

Supreme Ct: New presumption against imposing life w/out parole for juvenile offender based on SCOTUS Miller case, Comm. v. Batts, June 26, 2017

Supreme Ct: Rebutting presumption requires proof beyond reasonable doubt juvenile incapable of rehabilitation, Comm. v. Batts, June 26, 2017

Proposal to amend PaRJCP 148, 1146, 1148 on truancy, educational decision-maker & stability, comments by 8-7-17, 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 8-7-17, Juvenile Court Rules, June 5, 2017

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

Medical Malpractice

Information from surgeon’s staff can’t be used to decide merits of informed consent claim, Spinal v. Toms, June 20, 2017

Medical Marijuana

PA Department of Health announces medical marijuana dispensaries, Medical Marijuana Dispensaries, June 29, 2017

Municipal Law

Supreme Ct discusses sale of public park land to developer, In re Petition of the Borough of Downingtown, June 20, 2017

Bill regarding police body-cam recordings presented to Gov Wolf for signature, Body-cams, June 29, 2017

Real Estate

Supreme Ct discusses sale of public park land to developer, In re Petition of the Borough of Downingtown, June 20, 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

Superior Ct: In partition action, one joint owner not entitled to credit because he made full down-payment, Kapcsos v. Benshoff, June 29, 2017

Superior Ct: In partition action, one joint owner entitled to credit for mortgage payments made, Kapcsos v. Benshoff, June 29, 2017

Right to Know Law

Motor vehicle recordings of accident without criminal investigation must be disclosed under RTKL, PA State Police v. Grove, June 20, 2017

Workers’ Compensation

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

General Interest

Amazon Alexa can now track billable hours, May 15, 2017

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

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