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June 30, 2017 | The Legal Intelligencer

United Refining Co. v. Dep't of Envtl. Protection, PICS Case No. 17-0986 (Pa. Commw. June 12, 2017) Brobson, J. (24 pages).

Board properly held that petitioner failed to establish that department's issuance of a permit for a well to be drilled on a slant with the bottom under a refinery storage tank was unreasonable or contrary to law because the board correctly applied the burden of proof, credible expert evidence supported the decision and Pennsylvania courts had held that hydraulic fracturing was not an abnormally dangerous activity. Affirmed.
4 minute read
June 30, 2017 | The Legal Intelligencer

Bacon v. Pa. State Police, PICS Case No. 17-0968 (Pa. Commw. June 13, 2017) Simpson, J. (26 pages).

Out-of-state conviction "set aside" still constituted a firearms disability where "setting aside" of a conviction did not constitute expungement of that conviction or otherwise remove the disability to purchase firearms under that state's law. Order of the OAG affirmed.
7 minute read
June 30, 2017 | The Legal Intelligencer

Commonwealth v. Knox, PICS Case No. 17-0972 (Pa. Super June 5, 2017) Panella, J. (11 pages).

The record established that the juvenile defendant had mental health issues and suffered through a very difficult childhood; however, there was no indication that the trial court completely disregarded defendant's circumstances when it imposed a 35-year prison term after his conviction for second-degree murder. The court affirmed the trial court's judgment of sentence.
5 minute read
June 30, 2017 | The Legal Intelligencer

Butler v. Dauphin Cnty. Dist. Attorney's Office, PICS Case No. 17-0970 (Pa. Commw. June 13, 2017) Simpson, J. (14 pages).

State agency obligated to request payment of fee upon RTKL requester's request for certified copies of disclosed records, but requester not entitled to relief on his request for certified copies where agency's affirmation of true and correct nature of records was functional equivalent of RTKL's "certification." Order of the trial court affirmed.
4 minute read
June 30, 2017 | The Legal Intelligencer

Pa. Taxi Assoc., Inc. v. A.A.S. Cab Corp., et al, PICS Case No. 17-0908 (C.P. Philadelphia May 31, 2017) Djerassi, J. (4 pages).

Defendants' petition to open a confessed judgment failed to meet the basic requirements necessary for such relief, i.e., prompt action, a meritorious defense and sufficient evidence to require submission of the case to a jury. The court denied defendants' petition to open a confessed judgment.
2 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

Herzfeld v. 1416 Chancellor, Inc., PICS Case No. 17-0977 (E.D. Pa. June 9, 2107) Kearney, J. (23 pages).

Court conditionally certified a collective action under the FLSA of all dancers at exotic dance club from 2011 until successor bought club in 2016 based on plaintiff's showing that she and other dancers were similarly situated but denied collective action after sale of ownership because dancer did not dance under the new owner and court also certified a class action for violations of Pennsylvania minimum wage laws for the same time period and similar reasons. Motions granted and denied.
3 minute read
June 30, 2017 | The Legal Intelligencer

R Investment Sixteen, LP v. South Philly Plaza, LL, PICS Case No. 17-0909 (C.P. Philadelphia May 26, 2017) Djerassi, J. (9 pages).

The absolute privileges enjoyed by a defendant in a pure defamation case are also available to a defendant in a case based on a claim of defamation-in-title; however, defendant's preliminary objections asserting the privilege in this case were not clear and free from doubt. The court overruled the preliminary objections to the defamation-in-title claims asserted in these consolidate cases.
6 minute read
June 30, 2017 | The Legal Intelligencer

School Dist. of Phila. v. Phila. Federation of Teachers, PICS Case No. 17-0985 (Pa. Commw. June 8, 2017) Cosgrove, J. (17 pages).

The School District of Philadelphia could not impose new, nonmandatory terms upon members of the teacher's union unilaterally, without engaging in prior bargaining under a collective bargaining agreement because an employer must maintain the status quo of an expired contract until a new contract has been negotiated. The court affirmed a trial court order denying the district's motion to set aside an award sustaining a union grievance.
6 minute read
June 30, 2017 | The Legal Intelligencer

Cnty. of Butler v. Centurylink Communications, LLC., PICS Case No. 17-0975 (Pa. Commw. June 8, 2017) Brobson, J. (16 pages).

Trial court erred in dismissing county's action against service providers for failing to collect and remit certain fees under the 911 act because the county had an obligation under the statutory scheme, its ability to meet those obligations was dependent on the service providers charging consumers in compliance with the act and the act did not preclude county from bringing its dispute to a court for resolution. Reversed.
6 minute read
June 30, 2017 | The Legal Intelligencer

Estate of Rosa Simmons, PICS Case No. 17-0911 (C.P. Philadelphia May 10, 2017) Overton, J. (10 pages).

In this guardianship proceeding, the alleged protected person was required to submit to an independent medical examination for the purpose of determining her capacity.
3 minute read

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