• Commonwealth v. Hirth

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 733 OF 2022

    Defendant filed an omnibus pretrial motion that included a motion for writ of habeas corpus and a motion to suppress. The court denied the motions, holding that the search warrant obtained by authorities for an apartment where defendant was known to reside was supported by sufficient probable cause, and the resulting evidence seized, along with other evidence of defendant's conduct, supported Commonwealth's weapons and drug charges.

  • Commonwealth v. Ortiz-Pagan

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1245 MDA 2023

    Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.

  • Saponara v. Cresson Point Prop., LLC

    Publication Date: 2024-09-06
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 43-CV-2023

    The court denied defendant's motion to enforce an alleged verbal settlement agreement.

  • Commonwealth v. Howell

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1419 WDA 2023

    Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.

  • Bold v. Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 36 MAP 2023

    Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.

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  • Anderson v. TikTok, Inc.

    Publication Date: 2024-09-06
    Practice Area: Internet Law
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3061

    Plaintiff appealed the district court's order dismissing her complaint pursuant to § 230 of the Communications Decency Act. The court reversed in part, vacated in part, and remanded for further proceedings. The court held that defendant TikTok enjoyed no statutory immunity regarding plaintiff's claim that it engaged in first-party expressive activity by algorithmically curating and promoting Blackout Challenge videos to her deceased daughter's individualized "For You Page."

  • Gerber v. Christine

    Publication Date: 2024-09-06
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5159 CV 2021

    The court granted a motion to quash a subpoena issued to the custodian of records of the Disciplinary Board to the Supreme Court of Pennsylvania by a non-party to a misconduct complaint filed against District Attorney Elmer D. Christine, Jr. At the hearing, counsel for the Office of the District Attorney represented that the documents sought were confidential even though they were prepared by the complainant. The court granted the motion to quash the subpoena and further ordered that the plaintiff should serve no further subpoenas u

  • Commonwealth v. Williams

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 469 OF 2023

    Defendant petitioned for a writ of habeas corpus on Commonwealth's charge of driving under the influence of alcohol or a controlled substance. The court denied the petition, concluding that Commonwealth's evidence was sufficient to establish a prima facie case that defendant was the driver of a vehicle involved in an accident where witnesses stated that he was the driver and he later admitted that this was correct. The court held further that Commonwealth's evidence was sufficient in light of police testimony regarding a strong odor o

  • Straile v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 262 C.D. 2023

    The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.

  • Reading Blue Mountain & N. R.R. Co. v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2024-09-06
    Practice Area: Transportation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 486 C.D. 2023

    The Pennsylvania Public Utility Commission did not err in making railroad solely responsible for remediation efforts where it created a hazardous condition for traffic at a railroad crossing by elevating the tracks during joint reconstruction with PennDOT without notifying the PUC or PennDOT. Order of the PUC affirmed.