Legal Bytes — June 8, 2017

Appellate

Denial of Declaratory Judgment that does not end the case is not appealable, J.A.F. v. C.M.S., June 1, 2017

Civil Procedure

Petition for Rule “as of course” under local rule gives judge discretion to deny only if no legal remedy available, US Spaces, Inc., v. Berkshire Hathaway Homeservices, et al, June 5, 2017

Denial of Declaratory Judgment that does not end the case is not appealable, J.A.F. v. C.M.S., June 1, 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

Constitutional Law

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

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

Civil forfeiture limited, requiring proportional comparison of value of property to gravity of offense under 8th Amendment, Comm. v. 1997 Chevrolet et al, May 25, 2017

Criminal Law

SCOTUS clarifies forfeiture limits in federal criminal cases, Honeycutt v. United States, June 5, 2017

Local police can make arrest outside of home city under agreement between AG and county DA; Municipal Police Jurisdiction Act, Comm. v. Forsythe, June 1, 2017

Proposed new PA Department of Criminal Justice to unify Department of Corrections with Board of Probation and Parole, Governor’s Office, May 31, 2017

Civil forfeiture limited, requiring proportional comparison of value of property to gravity of offense under 8th Amendment, Comm. v. 1997 Chevrolet et al, May 25, 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

Army Corps of Engineers proposes changes to navigational servitude impacting Philadelphia waterfront, Philadelphia Waterfront, June 5, 2017

ERISA

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

Family Law

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

Health Law

PA 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

Insurance Law

Rate information filed with Insurance Department under “file and use” provision not subject to disclosure under RTKL, Highmark, Inc. v. Voltz, June 2, 2017

Juvenile Law

CYF duty to make reasonable efforts to finalize permanency plan is independent of parent duty to accept, In the Interest of C.K., A minor, June 5, 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, eff. 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

Labor Law

Prior determination that police officer was state actor collaterally estops him from relitigating issue under retirement code, pensions, Tepper v. City of Philadelphia Board of Pensions and Retirement, June 2, 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

Municipal Law

Prior determination that police officer was state actor collaterally estops him from relitigating issue under retirement code, pensions, Tepper v. City of Philadelphia Board of Pensions and Retirement, June 2, 2017

PA House passes roadside produce stand exemption from Uniform Construction Code, Construction Code amendment, June 7, 2017

Pensions

Prior determination that police officer was state actor collaterally estops him from relitigating issue under retirement code, pensions, Tepper v. City of Philadelphia Board of Pensions and Retirement, June 2, 2017

Real Estate

PA House passes roadside produce stand exemption from Uniform Construction Code, Construction Code amendment, June 7, 2017

Army Corps of Engineers proposes changes to navigational servitude impacting Philadelphia waterfront, Philadelphia Waterfront, June 5, 2017

Right to Know Law

Rate information filed with Insurance Department under “file and use” provision not subject to disclosure under RTKL, Highmark, Inc. v. Voltz, June 2, 2017

Securities Law

SEC disgorgement is penalty not remedy, so 5 years to file claim, Kokesh v Securities and Exchange Commission, June 5, 2017

Taxes

PA Department of Revenue: Time runs out June 19 for PA Tax Amnesty

Workers Compensation

Supreme Court to decide if workers’ compensation unreasonable contest attorney’s fees must be returned when employer prevails,  County of Allegheny v. WCAB (Parker), June 7, 2017

General Interest

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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