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  • United States v. D'Ambrosio

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1310

    Court held that a district court has the authority to modify an arguably unlawful condition of supervised release raised in a motion pursuant to 18 U.S.C. § 3583(e)(2) when properly challenged below by exhausting all challenges to the legality of a condition of supervised release. Reversed and remanded.

  • Brooks v. Kelly

    Publication Date: 2024-07-12
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 928 C.D. 2022

    Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.

  • Woodward v. Bashore

    Publication Date: 2024-07-12
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-5126

    The court granted in part and denied in part the motion to dismiss filed by municipal defendants on plaintiff's 42 U.S.C. §1983 charges of state-created danger liability and municipal liability. The state-created danger liability claim survived.

  • Abigail P. v. Old Forge Sch. Dist.

    Publication Date: 2024-07-12
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1680

    Plaintiff student appealed the district court's order affirming an administrative hearing officer's rejection of her claim that defendant school district denied her a free appropriate public education. The court affirmed, holding plaintiff was not denied a FAPE when defendant moved to remote instruction during the COVID-19 pandemic.

  • Gratt v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1324 C.D. 2020

    Trial court erred in granting appeal nunc pro tunc appeal of license suspension for refusal of chemical testing where outcome of related DUI criminal charges was not relevant to the refusal of testing. Order of the trial court vacated.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • St. Elmo Dev., LLC v. Zoning Hearing Bd. of City of Allentown

    Publication Date: 2024-07-12
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 48 C.D. 2023

    Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.

  • Commonwealth v. Ward

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1613 EDA 2023

    Totality of circumstances warranted officers' traffic stop to check on driver's welfare under the community caretaking doctrine, with subsequent interaction providing reasonable suspicion for DUI investigation. Judgment of sentence affirmed.

  • Sharpe v. Primex Garden Ctr.

    Publication Date: 2024-07-12
    Practice Area: Employment Litigation
    Industry: Agriculture | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-4843

    Defendants moved to dismiss plaintiff's employment discrimination complaint. The court granted the motion in part and denied it in part, holding that a terminated white male employee stated a disparate treatment claim under Section 1981 and state law where he alleged that he was discriminated against and fired on the basis of race.

  • Curry v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 9 C.D. 2023

    Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.

  • Commonwealth v. Gibson

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1460 MDA 2023

    Appellant appealed the denial of his first petition for post-conviction relief. The court affirmed, holding in pertinent part that sufficient evidence supported appellant's jury conviction of aggravated assault where appellant provoked a confrontation, sucker-punched his smaller victim, and attempted to continue his assault as the victim lay unconscious.