Legal Bytes–Sept. 5, 2017

Appellate Practice

Proposed amendments to PaRAP on capital cases including competency decisions, comments by 10-12-17, Capital Case Appellate Rules, August 27, 2017

Supreme Ct posts October Argument List, Supreme Court Argument List, August 23, 2017

Comments by 9-12-17 re proposed new PaRAP 127 & other Rules on confidential information, Rules of Appellate Procedure on Public Access, August 18, 2017

Civil Procedure

Superior Ct: Member of Federal Credit Union lacks standing to bring derivative action against Board, Jones v. Board of Directors of Valor Credit Union et al, August 21, 2017

Comments by 9-12-17 on proposed changes to PaRCP 205.6, 229.2, 240 on confidential information, Civil Procedural Rules on Public Access, August 18, 2017

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

Commercial Litigation

Proposed amendments to PaRE 901, 902 on authentication of documents, comments by 9-18-17, Rules of Evidence, August 27, 2017

Superior Ct: Member of Federal Credit Union lacks standing to bring derivative action against Board, Jones v. Board of Directors of Valor Credit Union et al, August 21, 2017

Supreme Ct: Implied duty of good faith & fair dealing doesn’t apply to Limited Partnership agreement before 11-16, Hanaway v. The Parkesburg Group, LP, et al, August 22, 2017

Consumer Law

Superior Ct: Under UTPCPL plaintiff must show reliance on defendant representations to bring private action, Zajick et al v. The Cutler Group, August 31, 2017

Criminal Law

Superior Ct reviews assault, REAP, terroristic threats convictions, sentences in elder abuse case, Comm. v. Bullock, August 31, 2017

Superior Ct: statute that broadens classes of convicted felons who can’t possess gun is constitutional, Comm. v. Grove, August 31, 2017

Superior Ct: Police can testify about droplets of blood without testing droplets, Comm. v. Berry, August 31, 2017

Superior Ct: In habeas decision, all evidence at preliminary hearing even if inadmissible must be considered, Comm. v. Hilliard, August 31, 2017

Superior Ct holds juvenile convicted of 1st degree murder before 6-25-12 must get life as max sentence, Comm. v. Seskey, August 25, 2017

Proposed amendments to PaRAP on capital cases including competency decisions, comments by 10-12-17, Capital Case Appellate Rules, August 27, 2017

Amendments to PaRCrimP on capital cases, comments by 10-12-17, Capital Case Criminal Rules, August 27, 2017

Proposed amendments to PaRE 901, 902 on authentication of documents, comments by 9-18-17, Rules of Evidence, August 27, 2017

Proposed amendments to PaRCrimP 229, 230 on disclosure of grand jury testimony, comments by 9-14-17, Criminal Procedural Rules, August 27, 2017

Superior Ct: Random, suspicionless safety inspection of boat on Lake Erie violates 4th Amend. & PA Constitution, Comm. v. Karash, August 21, 2017

Superior Ct decides Lethal Weapons Training Act certificate does not substitute for license under Firearms Act, Comm. v. Anderson, August 23, 2017

Supreme Ct: Sentence affirmed for improper contact for purpose of IDSI despite acquittal of IDSI, based on jury instruction, Comm. v. Aikens, August 22, 2017

Mail from attorneys to inmates in Allegheny Co Jail will require bar-coded labels effective 9-1-17,  Allegheny County Jail, August 17, 2017

Comments by 9-12-17 re proposed new PaRCrimP 113.1 on confidential information,  Rules of Criminal Procedure on Public Access, August 18, 2017

Supreme Ct amends PaRCrimP 205 to allow time in search warrant Rule to extract electronically stored information, effective 10-1-17, Rules of Criminal Procedure, July 31, 2017

Proposed amendment to PaRCrimP 230 – disclosure of Grand Jury testimony of trial witness before cross, comments by 9-14-17, Rules of Criminal Procedure, August 1, 2017

Proposed amendment to PaRCrimP 602 – challenges to trial or sentencing in absentia, comments by 9-15-17, Rules of Criminal Procedure, August 1, 2017

Proposed amendments to PaRCrimP related to death penalty cases, comments by 10-12-17, Rules of Criminal Procedure, August 1, 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

Elder Law

Superior Ct: Filial support for autistic son of NJ residents in PA facility based on NJ law; no obligation; no quantum meruit, Melmark v. Schutt, August 21, 2017

Election Law

Supreme Ct explains decision that candidate properly left off special election ballot; nominating certificate filed 1 day late, Green Party of PA v. Department of State, August 22, 2017

Environmental Law

3d Cir claims jurisdiction on challenge to, and affirms final DEP decision as reasonable, Delaware Riverkeeper Network et al v. Secretary of the Department of Environmental Protection, August 30, 2017

Estates

Superior Ct finds that Orphans’ Court judge has discretion to refuse to issue Citation after review of Petition, not mandatory Estate of Edward Taylor Inter Vivos Trust, August 23, 2017

Comments by 9-21-17 re proposed Orphans’ Court Rules on Guardianship, Orphans’ Court Procedural Rules, August 18, 2017

Comments by 9-12-17 on proposed Orphans’ Ct Rule 1.99 on confidential information, Orphans’ Court Procedural Rules on Public Access, August 18, 2017

Evidence

Proposed amendments to PaRE 901, 902 on authentication of documents, comments by 9-18-17, Rules of Evidence, August 27, 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: Filial support for autistic son of NJ residents in PA facility based on NJ law; no obligation; no quantum meruit, Melmark v. Schutt, August 21, 2017

Philadelphia Family Court is looking for a Custody/Support Master, Philadelphia Custody/Support Master, August 21, 2017

Supreme Ct extends assignment of 26 Municipal Court Judges to Philadelphia Court of Common Pleas, Extension of Temporary Philadelphia Assignments, August 17, 2017

Comments by 9-12-17 on proposed changes to numerous Domestic Relations Rules on confidential information, Domestic Relations Procedural Rules on Public Access, August 18, 2017

Supreme Ct amends PaRCP 1910.16-1 re child support to non-parent with custody, effective 10-1-17, Rules of Civil Procedure, August 3, 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

Guardianships

Comments by 9-21-17 re proposed Orphans’ Court Rules on Guardianship, Orphans’ Court Procedural Rules, August 18, 2017

Juvenile Law

Superior Ct holds juvenile convicted of 1st degree murder before 6-25-12 must get life as maximum sentence, Comm. v. Seskey, August 25, 2017

Proposed amendments to PaRAP 904, 907 re captions in juvenile cases, comments by 9-29-17, Appellate Rules on Juvenile Case Caption, August 27, 2017

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Proposed amendments to numerous PaRJCP to reflect Indian Child Welfare Act, BIA regs, comments by 9-7-17, Rules of Juvenile Court Procedure, August 18, 2017

Proposed amendment to PaRJCP 1601, 1608 re notice of intent to change goal from reunification, Rules of Juvenile Court Procedure, August 18, 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

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Proposed change to MDJ Rule on reinstating complaint, comments by 9-11-17,

Magisterial District Justice Practice, July 27, 2017

Personal Injury

Superior Ct: Absentee owner not liable to food delivery person who is intentionally shot on property, Kote v. The Bank of New York Mellon, August 25, 2017

3d Cir balances IP owner’s right to exclude & public’s right to benefit from fair competition, In re: Wellbrutrin XL Antitrust Litigation, August 9, 2017

Proposed amendments to PaRE 901, 902 on authentication of documents, comments by 9-18-17, Rules of Evidence, August 27, 2017

Supreme Ct to decide if Construction Workplace Misclassification Act only applies to construction industry, Department of Labor and Industry v. WCAB (Lin and Eastern Taste), August 23, 2017

Public Access to Court Records

Hear how the new Public Access policy and all of the procedural rule changes impact your practice; special PBI program on August 30. Register here.

Comments by 9-12-17 on proposed changes to numerous Domestic Relations Rules on confidential information, Domestic Relations Procedural Rules on Public Access, August 18, 2017

Comments by 9-12-17 on proposed changes to PaRCP 205.6, 229.2, 240 on confidential information, Civil Procedural Rules on Public Access, August 18, 2017

Comments by 9-12-17 on proposed change to MDJ Rule 206 on confidential info on children in IFP petition, Magisterial District Justice Rules on Public Access, August 18, 2017

Comments by 9-12-17 re proposed new PaRCrimP 113.1 on confidential information, Rules of Criminal Procedure on Public Access, August 18, 2017

Comments by 9-12-17 re proposed new PaRAP 127 & other Rules on confidential information, Rules of Appellate Procedure on Public Access, August 18, 2017

Real Estate

Superior Ct: Summary judgment on foreclosure reversed; failure to comply with loss mitigation rules of Reg X, The Bank of New York Mellon et al v. Brooks, August 28, 2017

Superior Ct: Absentee owner not liable to food delivery person who is intentionally shot on property, Kote v. The Bank of New York Mellon, August 25, 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

Workers’ Compensation

Supreme Ct to decide if Construction Workplace Misclassification Act only applies to construction industry, Department of Labor and Industry v. WCAB (Lin and Eastern Taste), August 23, 2017

General Interest

Supreme Ct posts October Argument List, Supreme Court Argument List, August 23, 2017

Philadelphia Family Court is looking for a Custody/Support Master, Philadelphia Custody/Support Master, August 21, 2017

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

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

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