PBI’s Week In Review

Civil Procedure

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

Superior Ct analyzes start of statute of limitations in Dragonetti action, P.J.A. v. H.C.N., February 13, 2017

Criminal Law

Supreme Ct remands political corruption cases based on Veon decision, Comm. v. Perzel, February 9, 2017

DA’s closing commenting on defendant’s lack of remorse did not improperly impinge on his right not to testify, Comm. v. Proctor, February 9, 2017

Family Law

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

Supreme Ct adopts new Support Guidelines, effective May 1, 2017, Support Guidelines, February 10, 2017

Proposed changes to PaRCP 1915.11-1 & 1915.23 re-establishing parent coordinators, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 155,

Proposed changes to PaRCP 1920.42, 1920.51, 1920.72 & 1920.73 , related to Act 24 of 2016 providing for the presumption of consent to divorce when there is an allegation that a party is the victim of domestic abuse, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 158

Proposed changes to PaRCP 1910.16-1, calculating child support when an individual 3rd party, not a public body or private agency, is seeking support, comments by 2-24-17, Domestic Relations Procedural Rules Committee, Recommendation 159

Juvenile Court

Proposed new PaRJCP 415 & 518 – challenge to sufficiency of evidence must be raised with trial judge, comments by 3-20-17, Juvenile Ct Rules 415, 518, February 10, 2017

Proposed change to PaRJCP 170 & 172 – include Juvenile Offense Tracking Number in expungement motion, comments by 3-20-17, Juvenile Court Rules 170, 172,

Proposed change to PaRJCP 1601 & 1609 – new requirement for Notice of Permanency hearing, Juvenile Court Rules 1601, 1609, February 10, 2017

Personal Injury

Computer cables not a fixture-injury caused by tripping over them not covered by real property exception to Tort Claims Act, Gillingham v. County of Delaware, February 15, 2017

Power company owes duty of care to anyone lawfully close to electrical wires; Althaus analysis unnecessary, Greely v. West Penn Power Co., February 13, 2017

Professional Licensing

Supreme Ct to decide case on automatic suspension of nursing license on drug felony conviction, McGrath v. Bureau of Professional and Occupational Licenses, Board of Nursing, February 13, 2017

School Law

Under School Code, trial court does not have discretion to approve or disapprove creation of school police force, In re Petition of the Gateway School District to Approve Arming of School Police Officers, February 15, 2017

Workers Compensation

Workers Compensation claimant injured driving to work after intending to take sick day not barred by “coming and going rule,” Lutheran Senior Services Management Corp., February 15, 2017

For purposes of subrogation, work injuries are treated separately under Section 319 of WC Act, Serrano v. WCAB (Ametek, Inc.), February 13, 2017

General Interest

PA Supreme Court reduces active attorney registration fees, increases inactive attorneys fees, both effective for the 2017-18 annual attorney assessment, Rule 219, February 15, 2017

In Allegheny Co, Judge Zottola assigned to Criminal Division, Assignment Order, February 13, 2017

In Allegheny Co, Judges McCarthy & Williams assigned to Orphans’ Ct Division, Assignment Order, February 13, 2017

US DOJ Cybersecurity Unit offers pro-active advice on how to best handle cyber breach, Dept. of Justice Report

3d Circuit releases new Internal Operating Procedures for Posting Video Recordings of Select Oral Arguments, Third Circuit Website

Supreme Ct adopts Public Access Policy for Case Records in Appellate, Trial Cts, local rules vacated unless approved by AOPC on recommendation of President Judge, effective January 6, 2018, AOPC Policy

Supreme Ct announces available positions on the Disciplinary Board and Juvenile Court Procedural Rules Comm.; applications by 2-28-17, Announcement

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