Legal Bytes: June 20, 2017

Appellate

SCOTUS: Appeals Courts lack jurisdiction under Section 1291 to review order denying class certification after named plaintiff dismissed claims with prejudice, Sandoz Inc. v. Amgen, Inc, et al, June 12, 2017

Judge Gantman concurring discusses Appellate Court role in Anders appeal, Comm v. Schmidt, 6-14-17

Banking

SCOTUS: Company may collect debts bought for its own without triggering “debt collector” FDCPA provisions, Henson et al v. Santander Consumer USA, Inc, June 12, 2017

Bankruptcy

3rd Circuit clarifies court discretion; how, when, what modifications to bankruptcy plans, In re: Klaas, June 1, 2017

Civil Procedure

3rd Circuit clarifies application of Sec 220 of Del Code tolling statute of limitations, Norman v. Elkin et al, June 13, 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

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

Class Actions

SCOTUS: Appeals Courts lack jurisdiction under Section 1291 to review order denying class certification after named plaintiff dismissed claims with prejudice, Sandoz Inc. v. Amgen, Inc, et al, June 12, 2017

Constitutional Law

Defendant raised only illegal search, not seizure, so trial court could not suppress based on illegal seizure, Comm. v. Banks, June 12, 2017

SCOTUS: Plan of principal-purpose organization is Church Plan regardless who established it, Advocate Health Care Network, et al v. Stapleton, June 5, 2017

Consumer Law

Treble damages to tenant under UTPCPL upheld, Nexus Real Estate, LLC, v. Erickson, June 12, 2017

SCOTUS: Company may collect debts bought for its own without triggering “debt collector” FDCPA provisions, Henson et al v. Santander Consumer USA, Inc, June 12, 2017

Criminal Law

Defendant raised only illegal search, not seizure, so trial court could not suppress based on illegal seizure, Comm. v. Banks, June 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

Judge Gantman concurring discusses Appellate Court role in Anders appeal, Comm v. Schmidt, 6-14-17

Superior Ct: Sentencing for violation of hazardous waste statute not unconstitutional under Alleyne,  Comm. v. Kline, June 16, 2017

PaRCrimP 531 & 536 amended, limiting grounds for bail forfeiture by 3rd party, eff. July 1, 2017, Rules of Criminal Procedure, May 2, 2017

Environmental Law

Superior Ct: Sentencing for violation of hazardous waste statute not unconstitutional under Alleyne,  Comm. v. Kline, June 16, 2017

Evidence

3rdCircuit: District Court must insure reliable expert testimony to jury, In re Zoloft Products Liability Litigation, June 2, 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

Superior Ct: Unresolved equitable distribution claim by H can be asserted by W 15 years after divorce decree, Jackson v. Jackson, June 16, 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 Dom Relations Rules for statewide uniformity in support pleadings, comments by August 11, 2017, Domestic Relations Rule Amendments, April 25, 2017

Proposed amendment to Dom 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

Juvenile Law

Superior Ct: Attorney-GAL can represent legal & best interests of child if no conflict between the roles,

In re: D.L.B., a minor child, June 15, 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

PaRJCP 1320, 1321 amended clarifying private dependency application, effective July 1, 2017, reposted, Juvenile Court Rules, May 17, 2017

PaRJCP 240, 242, 1242 amended precluding waiver of detention or shelter care hearing, eff. July 1, 2017, Juvenile Court Rules, May 16, 2017

Landlord Tenant

Treble damages to tenant under UTPCPL upheld, Nexus Real Estate, LLC, v. Erickson, June 12, 2017

Medical Marijuana

Department of Health issues proposed regulations for academic clinical medical marijuana registrants, Medical Marijuana, June 5, 2017

PA Department of Health publishes Regulations for Physicians to Participate in Medical Marijuana Program, Medical Marijuana, June 2, 2017

Products Liability

3rdCircuit: District Court must insure reliable expert testimony to jury, In re Zoloft Products Liability Litigation, June 2, 2017

Real Estate

Treble damages to tenant under UTPCPL upheld, Nexus Real Estate, LLC, v. Erickson, June 12, 2017

General Interest

SCOTUS: Federal injunction unavailable under Biologics Act, Sandoz Inc. v. Amgen, Inc, et al, June 12, 2017

SCOTUS: NC gerrymandering case remanded; case specifics must be examined, North Carolina v. Covington, June 5, 2017

Attorney registration for 2017-2018 due July 1, 2017, Annual Registration Tips, May 25, 2017

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

Supreme Ct warns attorneys about phone scam using caller ID for Prothonotary’s office, Phone scam, May 11, 2017

Help annihilate Distracted Driving; self-test your knowledge with this fast interactive quiz

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

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

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