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  • Commonwealth v. Cook

    Publication Date: 2017-12-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1806

    Defense counsel correctly posited that defendants appeal was wholly frivolous where there was no viable challenge to the legality of his final sentence and no prior challenge to the discretionary aspects of his sentence either at the sentencing hearing or in a post-sentence motion. The court affirmed defendants judgment of sentence and granted counsels petition to withdraw.

  • Croucher v. Sims Automotive et al

    Publication Date: 2017-12-12
    Practice Area: Civil Procedure | Corporate Entities | Personal Injury
    Industry: Automotive
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Baratta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1780

    Plaintiffs complaint failed to sufficiently state a cause of action for piercing the corporate veil of the defendant corporations where it merely recited the four elements necessary to demonstrate such a claim but failed to set forth substantiating facts. The court overruled defendants preliminary objection to allow for discovery.

  • Appeal by Grande Land, L.P.

    Publication Date: 2017-12-12
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1802

    Pursuant to In re Drumore Crossings, L.P, the minimum requirement established by §504.2 of the North Manheim Townships zoning ordinance only required a special exception applicant to represent that it would employ a sewage disposal system regularly approved by Department of Environmental Protection, not that the department had approved of a specific system. The court affirmed the trial courts order.

  • Commonwealth v. Hunter

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1789

    Defendant failed to demonstrate exceptional circumstances to warrant consideration of the effectiveness of counsel at the post-sentencing stage, and no new evidence supported his motion for a new trial. The court denied all of defendants post-sentence motions.

  • Dept. of Corr. v. Pennsylvania State Corr. Officers Assn

    Publication Date: 2017-12-12
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1812

    Arbitration award reducing corrections officers discipline from termination to suspension violated essence test where award stated officer should not perform core function of inmate supervision, thereby infringing on departments managerial rights to have officers without limitations on duties. Arbitration award vacated.

  • 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.

  • Wyatt v. Tommys Pizza, Inc.

    Publication Date: 2017-12-12
    Practice Area: Civil Rights | Employment Compliance
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1783

    An employee exhausted her administrative remedies prior to filing a discrimination lawsuit where she submitted a verified questionnaire regarding her employment discrimination claims and insisted that the agency act on the issues raised in her questionnaire.

  • Chester Housing Auth. v. Pohala

    Publication Date: 2017-12-12
    Practice Area: Discovery | Privacy
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1805

    Defendants request for the home addresses of township tenants receiving Section 8 housing benefits represented an intrusion on the tenants constitutional right to privacy in their home addresses, and the township failed to demonstrate a significant government interest that outweighed the tenants right to privacy in that information. The court reversed a court order directing disclosure.

  • Songer v. Cameron County Bd. of Assessment Appeal

    Publication Date: 2017-12-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1820

    Trial court erred in holding that school district failed to establish a prima facie case in taxpayers property assessment challenge because the boards assessment records were introduced into evidence without objection and taxpayers failed to overcome the validity of the assessment when they offered no evidence as to the actual market value of the parcels. Reversed and remanded.