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Commonwealth v. Kurtz

Publication Date: 2017-11-14
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Ransom
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1024

The court declined to adopt a good faith exception to the exclusionary rule applicable to blood draw evidence after the U.S. Supreme Courts decision in Birchfield v. North Dakota, as such an exception would frustrate the privacy guarantees of the Article 1, §8 of the Pennsylvania Constitution. The court affirmed an order granting defendants motion to suppress blood draw evidence.
Commonwealth v. Boone

Publication Date: 2017-11-14
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Nanovic
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1631

The court exercised its discretion to permit individual voir dire in this matter because defendant raised concerns regarding racial bias.
Commonwealth v. Lonon

Publication Date: 2017-11-14
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1495

Defendant had no reasonable expectation of privacy in the data on the cell phone he abandoned in his haste to avoid state troopers following several motor violations, and the troopers were justified in the warrantless search of the specific phone given that they were attempting to pursue a fleeing suspect. The court denied defendants motion to suppress evidence.
Kearney v. Bureau of Profl and Occupational Affairs

Publication Date: 2017-11-07
Practice Area: Health Care Law | Regulation
Industry: Automotive | Health Care
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1666

Board erred in denying license reinstatement to petitioner who had successfully completed drug court and had his criminal charges dismissed because statements petitioner made to drug court were not admissions of guilt and he was not convicted since after drug court dismissed the charges, petitioners criminal record no longer existed and could not be used to deny reinstatement of his license. Reversed.
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
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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.
Zimmerman v. Corbett

Publication Date: 2017-11-07
Practice Area: Government | Personal Injury
Industry: Aerospace | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1665

District Court erred in denying appellant state officials motion for judgment on the pleadings in former employees malicious prosecution action brought after he was charged with concealing or destroying evidence that was the subject of a grand jury subpoena because even though the criminal procedure ended in his favor, there was probable cause to prosecute him based on a phone call made from his office desk. Reversed.
Lambeth Magnetic Structures, LLC v. Seagate Tech. (US) Holdings, Inc.

Publication Date: 2017-11-07
Practice Area: Attorney Rates and Arrangements | Intellectual Property | Patent Litigation
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Bissoon
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1668

The court, at the parties request, construed six terms in plaintiffs patent infringement action.Plaintiff asserted that defendants infringed its patent in two separate civil action numbers
M.J.S. v. B.B.

Publication Date: 2017-11-07
Practice Area: Family Law
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Court: Superior Court
Judge: Judge Bowes
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for defendant:
Case Number: 17-1669

Trial court erred in granting primary physical custody to childs grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in 5327(b) and improperly imposed the burden of proof on father. Reversed.
Nextel Communications of the Mid-Atlantic, Inc. v. Dept of Revenue

Publication Date: 2017-11-07
Practice Area: Tax
Industry: Aerospace | Technology Media and Telecom
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1670

Commonwealth Court correctly found that the net loss carryover provision violated the uniformity clause of the Pennsylvania constitution but erred in its remedy of striking all caps in the NLC because that remedy contravened the legislatures intent and the proper remedy was to sever the $3 million flat deduction. Affirmed in part and reversed in part.

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