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  • Commonwealth v. Jones-Williams

    Publication Date: 2022-08-01
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0852

    Superior court properly reversed trial court's denial of appellee's motion to suppress blood test results under exigent circumstances but erred in addressing the constitutionality of 75 Pa.C.S. §3775. Affirmed in part, vacated in part.

  • Rivera v. Monko

    Publication Date: 2022-07-04
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0739

    District court properly found defendants were entitled to qualified immunity in inmate's action asserting denial of his right to access the courts since the right inmate sought was not clearly established but court also found inmates needed to continue to have a right to access the courts after they filed their complaints, including access to court rules and procedures, and established that such right did exist. Affirmed.

  • Tenth Presbyterian Church v. Snyder

    Publication Date: 2022-06-20
    Practice Area: Constitutional Law
    Industry: Non-Profit
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0586

    The injunctive order barring defendant from appearing within 1,000 feet of plaintiff's church property was narrowly tailored so as to allow defendant to protest the church's leadership and distribute material from that distance while also achieving the specific need to protect congregants' access to the church and its services. The court recommended affirmance.

  • Crawford v. Commonwealth

    Publication Date: 2022-06-13
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0652

    Challenges to validity of statutory prohibition on local regulation of firearms rejected where long-standing precedent established that firearms regulation was a statewide concern and thus state legislature was entitled to preempt local ordinances. Respondents' preliminary objections in nature of demurrer sustained.

  • Oberholzer v. Galapo

    Publication Date: 2022-05-02
    Practice Area: Constitutional Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0475

    Appellants appealed the permanent injunction that dictated which way their multiple yard signs should face in their conflict with their backyard neighbors and court found trial court applied the incorrect legal standard. Vacated and remanded.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Dongarra v. Smith

    Publication Date: 2022-03-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0272

    District court properly dismissed appellant's action seeking damages for prison officer mislabeling him as a sex offender and potentially subjecting him to attack by other prisoners because while officer may have violated appellant's eighth amendment rights, appellant lacked a remedy because damages were not available for an assault that never happened and prison had already corrected the mislabeling. Affirmed.

  • Frank L. Rizzo Monument Comm. v. City of Philadelphia

    Publication Date: 2022-01-31
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Jones
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0098

    Defendant city moved to dismiss plaintiff's §1983 claims over the removal of a statue of former city mayor pursuant to a threat to public health, safety and welfare and court found plaintiff's procedural due process claim failed because plaintiff acknowledged city had the right to remove the statue pursuant to the "health-and-safety" provision in the donation and maintenance agreement and plaintiff's substantive due process claim failed because its claim in this case in no way implicated ownership of land. Motion granted.

  • League of Women Voters v. Degraffenreid

    Publication Date: 2022-01-17
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0050

    Commonwealth court properly found the proposed victim's rights amendment violated art. XI, §1 of the Pennsylvania constitution and properly enjoined the secretary from tabulating and certifying the results of the general election regarding that amendment because it manifested separate new rights that were not functionally interrelated. Affirmed.

  • In the Interest of J.J.M.

    Publication Date: 2022-01-10
    Practice Area: Constitutional Law
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0004

    Superior court erred in upholding appellant's adjudication of delinquency for making terroristic threats under §2706(a)(3) because neither of appellant's statements were true threats, he did not utter them with conscious disregard of the risk of causing terror and they did not cross the constitutional threshold from protected speech. Reversed.

  • Alicea v. City of Philadelphia

    Publication Date: 2022-01-02
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sánchez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3437

    Plaintiff could not maintain his malicious prosecution claim to the extent it relied on the Fourteenth Amendment since a Fourteenth Amendment procedural due process right to be free from malicious prosecution could not have been "clearly established" at the time of the individual defendants' conduct given unsettled law. The court granted in part defendants' motion to dismiss.