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  • County of Butler v. CenturyLink Commc'ns, LLC

    Publication Date: 2019-05-13
    Practice Area: Telecommunications
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0531

    Counties could not sue telecommunications providers for failure to collect fees in violation of the 911 Act where the statute vested exclusive enforcement authority with PEMA. Order of the commonwealth court reversed.

  • Merscorp Inc. v. Delaware County

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0532

    County recorders appealed the commonwealth court's reversal of the trial court's decision to overrule appellees' preliminary objections in recorders' action asserting 21 P.S. §351 mandated the recording of all conveyances, including mortgage assignments, and the court found the commonwealth court correctly held that §351 did not impose a mandatory duty to record. Affirmed.

  • Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Bd.

    Publication Date: 2019-05-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0529

    Commonwealth court erred in reversing zoning board's finding that appellee violated the zoning ordinance by using house in a district restricted to single family dwellings as a transient rental property because a purely transient use of a property was incompatible with the definition of "family" defined as "a single housekeeping unit" in zoning ordinance Reversed.

  • Bayview Loan Servicing LLC v. Wicker

    Publication Date: 2019-04-15
    Practice Area: Evidence
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0431

    The trial court did not err in allowing an employee of a successor bank, which was assigned defendants' mortgage from the original lender, to give testimony authenticating the loan documents under the business records exception to the hearsay rule where the witness provided information to justify a presumption of trustworthiness.

  • Reuther v. Delaware County Bureau of Elections

    Publication Date: 2019-04-15
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0415

    Write-in candidate's failure to timely file statement of financial interest did not require striking of candidate's name from general election ballot where the failure to file was only a fatal defect for a petitioning candidate. Order of the commonwealth court affirmed.

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Gavin v. Loeffelbein

    Publication Date: 2019-04-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0391

    Superior court erred in sua sponte invalidating emergency guardianship order based on automatic expiration when proper avenue to challenge order was in initial proceeding before orphans' court. Order of the superior court vacated, case remanded.

  • Commonwealth v. Cox

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0389

    Denial of Atkins claim vacated where PCRA court erroneously relied upon lay family members' failure to intervene as evidence of defendant's lack of functional problems and where PCRA court failed to explain credibility and factual determinations of competing expert testimony. Order of the PCRA court vacated and remanded.

  • Commonwealth v. Gill

    Publication Date: 2019-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0388

    Superior court erroneously overruled trial court's admission of evidence of a subsequent crime committed by another individual when the superior court substituted the trial court's judgment of the evidence for its own. Order of the superior court reversed in part and vacated and remanded in part.

  • Hudson v. Pennsylvania Bd. of Probation and Parole

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0393

    Parole board lacked statutory authority to grant parole to inmate serving a "term of life imprisonment" since that term had no minimum sentence and therefore was effectively a mandatory life sentence. Order of the commonwealth court affirmed.

  • Commonwealth v. Montalvo

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0392

    PCRA court correctly denied guilt phase relief and granted penalty phase relief where record did not support appellant's new claims of self-defense and heat of passion but where prosecutor impermissibly told jury its death sentence verdict would be a "recommendation." Order of the PCRA court affirmed.