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June 30, 2017 | New Jersey Law Journal

High Courts Rightly Hold Internet 'A Basic Need'

U.S. and New Jersey Supreme Court decisions strongly and admirably make crystal clear the importance of the internet in the today's marketplace of ideas, as well as the importance of protecting the right to exchange ideas in that medium—even by convicted sex offenders.
10 minute read
June 30, 2017 | New Jersey Law Journal

Lawmakers, Amend Youth Marriage Bill As Christie Urges

Although Christie's conditional veto will not change matters for older teenagers, we urge the Legislature to accept his proposed changes so that young teenagers will be protected. It is at least a first step in the right direction.
2 minute read
June 30, 2017 | The Legal Intelligencer

Apotex, Inc. v. Cephalon, Inc., PICS Case No. 17-0987 (E.D. Pa. June 8, 2107) Goldberg, J. (20 pages).

The court found that findings of patent invalidity and noninfringement made after reverse-payment settlement agreements were irrelevant to the rule of reason analysis in plaintiff's antitrust litigation but were relevant to plaintiff's antitrust causation showing and were admissible and the court ordered a two phase trial to limit prejudice and jury confusion. Two phase trial ordered.
3 minute read
June 30, 2017 | The Legal Intelligencer

Borough of West Conshohocken v. Soppick, PICS Case No. 17-0969 (Pa. Commw. June 12, 2017) Leavitt, J. (15 pages).

Borough could not bring enforcement proceeding of a stop work order and impose fines for violation of the zoning ordinance where a landowner's appeal of that order and violation was pending. Summary judgment reversed.
3 minute read
June 30, 2017 | The Legal Intelligencer

Commonwealth v. Banks, PICS Case No. 17-0971 (Pa. Super. June 12, 2017) Moulton, J. (9 pages).

Trial court erred in granting motion to suppress based on investigatory detention unsupported by reasonable suspicion where such a basis to suppress was not asserted by defendant, who instead simply challenged the lack of reasonable suspicion for the subsequent search. Order of the trial court reversed, case remanded.
3 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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June 30, 2017 | The Legal Intelligencer

Commonwealth v. Wendel, PICS Case No. 17-0973 (Pa. Super June 7, 2017) Stevens, J. (14 pages).

The commonwealth did not act without due diligence in violation of Pa. R. Crim. P. 600 where a witness, the affiant and lead investigator in this criminal case, became unavailable due to circumstances beyond the commonwealth's control. The court affirmed a trial court order denying defendant's motion to dismiss.
3 minute read
June 30, 2017 | The American Lawyer

New York, New York, a Helluva Town ... for Law Firms?

Is there a secret to the failure of so many firms to challenge the city's established elite? Or is their failure overstated?
3 minute read
June 30, 2017 | The Legal Intelligencer

Hildebrand v. EQT Prod. Co., PICS Case No. 17-0979 (Pa. Super. June 8, 2017) Stabile, J. (14 pages).

Trial court erred in denying appellants' motion for summary judgment, in their declaratory judgment action over royalty payments, because court erroneously interpreted the lesser interest clause included solely in appellants' modification of the original 1928 oil and gas lease. Reversed.
5 minute read
June 30, 2017 | The Legal Intelligencer

Green Acres Contracting Co., Inc. v. Commonwealth, PICS Case No. 17-0976 (Pa. Commw. June 13, 2017) Jubelirer, J. (10 pages).

All the components of a guardrail system, except guardrail post as expressly carved out by statute, were exempt from use tax as building machinery and equipment because all components were included in the common definition of the tax-exempt category of "guardrails." Exemptions granted.
6 minute read
June 30, 2017 | The Legal Intelligencer

In the Interest of RK, PICS Case No. 17-0929 (C.P. Lycoming Jun. 8, 2017), McCoy, J. (6 pages).

Evidence of drug paraphernalia obtained from a warrantless search of a juvenile's backpack was inadmissible, because the juvenile did not consent to the search and none of the search warrant exceptions applied. The court granted the juvenile's motion to suppress.
3 minute read

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