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  • Commonwealth v. Derhammer

    Publication Date: 2017-12-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1809

    Sex offenders conviction for failing to register new address reversed where sex offender registration statute under which offender was charged was subsequently ruled unconstitutional. Order of the superior court reversed.

  • Commonwealth v. Chmiel

    Publication Date: 2017-12-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1808

    PCRA petition was timely under newly-discovered fact exception where defendant asserted FBIs novel admission that its microscopic hair analysis was scientifically. Order of the PCRA court reversed.

  • Commonwealth v. Loughnane

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1810

    Federal automobile exception to warrant requirement inapplicable to vehicles parked in private driveways, where the inherent mobility of a vehicle justifying the exception was not relevant where the owner normally parked the vehicle. Order of the superior court reversed.

  • Office of Disciplinary Counsel v. Barkley

    Publication Date: 2017-12-05
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1773

    Respondent was suspended for two years because he was transferred to inactive status in 2002 and administratively suspended in 2010 but offered to provide legal services in immigration matters in Utah, where he was not licensed to practice, and engaged in the unauthorized practice of law in Utah, misrepresented to clients that he was an attorney who could handle immigration issues, accepted payment for legal services, failed to provide those services and failed to contact his clients or refund their fees.

  • Office of Disciplinary Counsel v. Crawford

    Publication Date: 2017-12-05
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1774

    Respondent was disbarred for charging excessive fees, failing to deposit those fees into a trust or IOLTA account; neglecting clients matters, failing to refund unearned or unused fees, making direct and blatant misrepresentations to his clients about expenditures; for inadequate and unprofessional representation by not filing his appearance in a timely fashion and failing to file a pre-trial statement, attend the pre-trial con-ference or make any effort to obtain reports or depose witnesses for trial; failing to file a brief after f

  • Law Journal Press | Digital Book

    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Office of Disciplinary Counsel v. Kotsopoulos

    Publication Date: 2017-11-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1716

    Respondent was suspended for one year for filing an action that had no basis in law and in which he was not acting on behalf of a specific client when he filed a petition for appointment of plenary guardian for someone who had been committed to a state hospital and was incapacitated and falsely alleged that a social worker at the hospital was the petitioner and that he was the attorney for the petitioner but there was no social worker by that name and no one from the hospital authorized respondent to file the petition and respondent a

  • Office of Disciplinary Counsel v. Williams

    Publication Date: 2017-11-14
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1693

    Respondent filed a verified statement of resignation and was disbarred on consent after he pled guilty to one count of travel and use of interstate facilities to promote and facilitate bribery and admitted to accepting bribes in violation of the Hobbs Act and honest services wire fraud, scheming to defraud the nursing home where his mother resided, scheming to defraud a political action committee (wire fraud) and the city of Philadelphia and the HIDTA program (wire fraud and mail fraud).

  • In the Matter of Doherty

    Publication Date: 2017-11-14
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1689

    Respondents petition for reinstatement was granted after the court accepted his resignation and disbarred him on consent based on his criminal conviction for mail fraud, bankruptcy fraud and money laundering arising from a program of real property sales and lease-back transactions intended to assist homeowners facing foreclosure because he fully acknowledged his wrongdoing, demonstrated genuine re-morse and sorrow, underwent significant rehabilitation during his disbarment, set aside funds for restitution, worked as a paralegal and e

  • Office of Disciplinary Counsel v. McKee

    Publication Date: 2017-11-07
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Aerospace | Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171671

    Respondent was suspended for two years for professional misconduct in ten separate matters.

  • Smith v. Bd. of Probation and Parole

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171672

    Commonwealth court panel erred in reversing the parole boards denial of credit to appellee on his state sentence for time he spent on detainer because board properly denied credit under Gaito v. Pa. Bd. of Prob. & Parole, 412 A.2d 568. Reversed.