Capitol Report
Following is a listing of executive and legislative action for the week of Dec. 9. The Pennsylvania Senate was set to return to session Wednesday. The state House of Representatives was in recess and set to return to session Monday.
December 13, 2019 at 01:00 PM
5 minute read
Following is a listing of executive and legislative action for the week of Dec. 9. The Pennsylvania Senate was set to return to session Wednesday. The state House of Representatives was in recess and set to return to session Monday.
Prosecutor Guidelines
The county prosecutors' association in Pennsylvania gave its members guidelines Dec. 11 about informing defendants when police officers on their cases have been shown to be dishonest or biased, or may have committed crimes or engaged in certain types of misconduct at work.
The Pennsylvania District Attorneys Association released model standards regarding how to handle evidence that could cast doubts about an officer's trial testimony.
The association said the nonbinding guidelines will help prosecutors maintain quality standards during criminal investigations and prosecutions, and protect the rights of victims and defendants. Some instances would lead prosecutors not to use the officer as a witness, while in other cases they could be a witness but the information would be disclosed to the defense.
Local police agencies should have to tell county prosecutors when there are circumstances that could raise doubts about an officer's credibility as a trial witness, the association said.
If county prosecutors investigate and conclude that there's reason to doubt an officer's integrity and credibility, they can put him or her on a list of officers who are not to be used as trial witnesses or on search warrants or criminal complaints.
Officers would be given 30 days to ask county prosecutors to reconsider their status.
Social Services
Hundreds of thousands of Pennsylvanians stand to lose food stamps or see their benefits reduced under three sets of changes to the program being advanced by the Trump administration, state officials said Dec. 10.
Gov. Tom Wolf's administration opposes all three changes, saying that the federal government is simply taking away benefits without helping people improve their circumstances.
"How does taking away someone's food budget help them get a job?" Wolf's Human Services Secretary Teresa Miller told a Capitol news conference Dec. 10. "How does removing assistance help anyone toward self-sufficiency? It doesn't, it only creates more challenges and barriers for people who already experience significant barriers."
Miller said roughly 90,000 Pennsylvanians could lose their eligibility for the Supplemental Nutrition Program, known as SNAP, when a rule takes effect that limits states from exempting work-eligible adults from having to maintain steady employment in order to receive benefits.
The rule will take effect in April. U.S. Agriculture Secretary Sonny Perdue has said the rule will help move people "from welfare to work."
One draft rule proposed in October to set a national standard utility allowance when determining monthly food stamp benefits would hurt Pennsylvania and potentially reduce the monthly benefit for 775,000 households in the state, Miller said. She said the federal government didn't provide enough detail about the proposal to say predict how steep the reduction could be.
Another draft rule proposed in July to stop allowing states to exceed federal income eligibility thresholds for the food-assistance program could strip another 200,000 people of food stamps eligibility, Miller said.
Most of the roughly 1.7 million Pennsylvanians who receive food stamps qualify under current federal guidelines that forbid people who make more than 130% of the federal poverty level—or about $32,000 a year total for a family of four—from qualifying for food stamp benefits.
Many states believe the cap is too restrictive, but the Trump administration wants to end the practice where states take advantage of a decade-old policy that allows them to make a broader pool of low-income workers and their families eligible for food stamps by automatically qualifying them if they receive a federally funded welfare benefit.
In Pennsylvania, about 200,000 food-stamp recipients qualify under that expanded eligibility.
The state allows them to be eligible for food stamps if they earn up to 160% of the federal poverty level, or about $40,000 a year.
Wolf administration officials say families that lose food stamps earlier have a higher risk of falling back into poverty and returning to applying for benefits programs for help.
For someone with no income, food stamps provide the equivalent of up to $192 per month in food for one person, or $642 per month for a family of four. VP Speculation
Gov. Tom Wolf said Dec. 11 that the answer is "no" to speculation that he would agree to join a Democratic presidential nominee's ticket as the pick for vice president.
Wolf reiterated that stance when asked during an appearance with his wife Frances on WITF-FM's Smart Talk program in Harrisburg.
Wolf also said he seriously doubts that anybody would ask him to join the ticket and he quipped that, if he did join the presidential ticket, his wife would divorce him before their 45th anniversary in June. Wolf has not endorsed a candidate in the crowded Democratic presidential primary race.
Wolf's name has surfaced because of his 17-percentage point re-election victory last year in a battleground state that is of the utmost importance to Democrats in next year's presidential election.
In beating Democrat Hillary Clinton in Pennsylvania in 2016′s election, Donald Trump became the first Republican presidential nominee to win Pennsylvania since 1988.
For Democrats, Pennsylvania is an outsize electoral prize: Harry S. Truman in 1948 was the last Democratic presidential candidate to lose Pennsylvania but win the election.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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