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Keystone Cab Service, Inc. et al v. Pa. Public Utility Commn

Publication Date: 2017-10-24
Practice Area: Discovery | Public Utilities
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Ann Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1587

The taxi companies who challenged petitioners application to purchase taxi operating rights were properly barred from introducing certain exhibits at an administrative hearing where they failed to produce those exhibits during discovery in accordance with 52 Pa. Code 5.321. The court affirmed a Public Utility Commission decision affirming the grant of petitioners application
In Re: J.D.H

Publication Date: 2017-10-24
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1596

Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.
In Re: Estate of Easterday, deceased

Publication Date: 2017-10-24
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1594

Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.
Commonwealth v. Moyer

Publication Date: 2017-10-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1591

Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.
Dunstan v. Bayer Essure, Inc

Publication Date: 2017-10-24
Practice Area: Products Liability
Industry: Aerospace | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1592

Plaintiffs asserting breach of warranty claims in this suit were not required to allege the precise dates and locations where they encountered defendants warranties since the court required only sufficient facts to support a reasonable inference that the warranties were the bases of the parties bargain. The court denied in part defendants motion to dismiss.
Commonwealth v. Horn

Publication Date: 2017-10-24
Practice Area: Attorney Rates and Arrangements | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1590

The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.
Burke v. Independence Blue Cross

Publication Date: 2017-10-24
Practice Area: Insurance Law
Industry: Aerospace | Health Care | Insurance
Court: Supreme Court
Judge: Chief Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1588

Under the Autism Recovery Law, the defendant insurers place-of-services exclusion in plaintiffs policy was ineffective to foreclose coverage for in-school, applied behavioral analysis treatment for plaintiffs son, who was diagnosed with an autism-spectrum disorder. The court affirmed a lower court order finding the exclusion ineffective.
Adorers of the Blood of Christ v. Federal Energy Regulatory Comm

Publication Date: 2017-10-24
Practice Area: Energy and Natural Resources | Land Use and Planning | Regulations
Industry: Energy | Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schmehl
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1589

The district court lacked jurisdiction to hear plaintiffs Religious Freedom Restoration Act claims challenging the grant of their property for use in constructing an interstate fossil fuel pipeline where plaintiffs failed to participate at all in a hearing before the Federal Energy Regulatory Commission. The court granted defendants motion to dismiss.
Twp. of Plain Grove v. Isabella

Publication Date: 2017-10-24
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1526

Twp. of Plain Grove v. Isabella
Commonwealth v. Johnson

Publication Date: 2017-10-24
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1522

Where a criminal defendant abandoned a cell phone while being pursued by police, a search of the phone was legal and no warrant was required. The court denied defendants motion for reconsideration of his request to suppress the evidence obtained from the cell phone.

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