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  • Dixon v. Amity Township Bd. of Supervisors et al

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Regulation
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Sprecher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1571

    The defendant townships ordinance requiring plaintiffs to allow for the inspection of their private sewage disposal system was a valid and enforceable statute and a proper exercise of the townships police powers. The court recommended affirmance of its order granting defendants summary judgment.

  • Commonwealth v. Updike

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1606

    The Commonwealths blood draw evidence collected prior to the U.S. Supreme Courts decision in Birchfield v. North Dakota was admissible under the good-faith exception to the exclusionary rule as defendant only sought suppression under the federal constitution. The court reversed the trial courts suppression order and remanded for further proceedings.

  • Commonwealth v. Smith

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1609

    The arresting officer involved in defendants case was not required to personally observe defendant involved in hand-to-hand illegal drug transactions and could rely on information provided by a fellow trooper, including a photo of the defendant, to determine whether he had reasonable suspicion to detain defendant. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Succi

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1610

    The trial court erred in finding that the defendant contractors actions were part of an ongoing course of conduct and, therefore, the statute of limitations had not run on the home improvement fraud and deceptive or fraudulent business practices charges against him. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Carper

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1607

    Defendant properly preserved his state constitutional claim that his blood draw evidence was inadmissible, and the appellate court concluded that such evidence was inadmissible given that no good-faith exception to the evidence exclusionary rule exists under the state constitution. The court affirmed an order granting defendants habeas corpus motion.

  • C.G. v. J.H.

    Publication Date: 2017-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1569

    Defendant lacked standing to bring this custody matter against plaintiff, her former same-sex life partner and the biological mother of a minor child, where plaintiff never adopted the child and the evidence demonstrated that plaintiff never stood in loco parentis to the child. The court affirmed an order sustaining defendants preliminary objections.

  • Commonwealth v. McGarry

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1608

    The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.

  • U.S. Dept of Labor v. American Future Systems, Inc.

    Publication Date: 2017-10-31
    Practice Area: Civil Appeals | Labor Law
    Industry: Call Centers | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1624

    District court properly granted DOLs partial summary judgment motion in DOLs action against appellant for not paying employees for breaks of 20 minutes or less when they were logged off their work computers because the wage and hour divisions interpretation of 29 C.F.R. 785.18 required that rest breaks of 20 minutes or less were paid breaks. Affirmed.

  • The Huntington Natl Bank v. Turner

    Publication Date: 2017-10-31
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: No. 17-1577

    The court overruled preliminary objections where a prior action involving the same mortgage was discontinued, and where plaintiff provided supporting documentation in connection with its answer to the preliminary objections. However, the court sustained a preliminary objection for the failure to properly verify the complaint.

  • Saunders v. Dept of Corrections

    Publication Date: 2017-10-31
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1623

    OOR properly denied inmates petition to the DOC for a copy of his sentencing order because DOC attested that it did not currently possess the requested record and inmate was not entitled to a presumption based on the fact that the record likely existed at a prior time. Affirmed.