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  • Goldwire v. City of Philadelphia

    Publication Date: 2024-07-05
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-5935

    Court lacked jurisdiction to compel party to sign settlement agreement where plaintiff voluntarily dismissed the action without the parties requesting the court retain jurisdiction to enforce the settlement. Defendant's motion to enforce settlement denied.

  • Commonwealth v. Miranda

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2558 EDA 2023

    Appellant appealed the trial court's order dismissing his first petition filed pursuant to the Post Conviction Relief Act. The court vacated and remanded, holding that the PCRA court erred by first granting appointed counsel's motion to withdraw for lack of meritorious issues and then scheduling a hearing on appellant's purported amended PCRA petition, rather than issuing notice of its intent to dismiss what it deemed to be a meritless petition.

  • Oceanview Prop. Mgmt. & Recovery Serv., LLC v. Baker

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Non-Profit | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 292 WDA 2023

    Court rejected cross-petitioner's objection to appointment of conservator for abandoned/blighted property where appointed conservator had sufficient experience and a more developed plan that had the added benefit of creating affordable housing, and the trial court did not misinterpret the requirements or policy goals of the Abandoned and Blighted Property Act. Order of the trial court affirmed.

  • Commonwealth v. Stauffenberg

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2095 EDA 2023

    Appellant appealed the trial court's order denying his petition for writ of certiorari on his municipal court conviction for driving under the influence. The court affirmed, holding that where appellant suffered any violation of his constitutional rights against self-incrimination because he was given no Miranda warning before signing a PennDOT DL-26B form as the "operator" of a vehicle, the maximum remedy was to preclude Commonwealth from relying on his signature to prove at trial that he was the operator of the vehicle in which he w

  • Commonwealth v. McMaster

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1354 MDA 2023

    Commonwealth appealed the trial court's order granting in part appellee's motion to suppress evidence. The court reversed and remanded, holding that when viewed together, an individual's erratic drug-induced behavior, his lack of response to police as to whether any other persons were inside his residence, and the disarrayed interior of the home visible from outside, all supported a detective's minimally invasive sweep of the residence to determine whether anyone inside was in immediate need of medical help.

  • Law Journal Press | Digital Book

    New Jersey Real Estate Brokerage Law 2024

    Authors: Barry S. Goodman

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  • Tedesco Excavating & Paving, Inc. v. FHW Dev., LLC

    Publication Date: 2024-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 995 WDA 2022

    Anticipatory repudiation of contract gave counterparty the right to treat the contract as immediately terminated, which absolved the counterparty of its obligation to honor the repudiating party's right to terminate without cause. Judgment of the trial court affirmed.

  • Krasner v. Henry

    Publication Date: 2024-07-05
    Practice Area: Government
    Industry: Legal Services | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 8 M.D. 2024

    Court rejected petitioners' constitutional challenge to law appointing special prosecutor to handle crimes occurring on Southeastern Pennsylvania Transportation Authority property, where the law did not improperly usurp petitioners' prosecutorial functions, did not violate defendants' equal protection or due process rights, and did not constitute a special or local law as it was directed to an instrumentality of the commonwealth. Petitioner's application for summary relief denied, respondent's cross-application granted. Intervenor's m

  • Commonwealth v. Yanovitsky

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 142 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his convictions for indecent assault without consent and institutional sexual assault. The court affirmed in part, reversed in part, and remanded for resentencing. The court held in pertinent part that the crime of institutional sexual assault does not apply to interactions between university professors and students.

  • McKenna v. Dep't of Transp.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 581 C.D. 2021

    Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.

  • VFG Labar, LLC v. Simpson House, Inc.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2436

    The court granted plaintiff's motion to transfer venue of this partition action to the Middle District of Pennsylvania and granted plaintiff's motion to dismiss counts alleging tortious interference with business relations and fraudulent misrepresentation but denied plaintiff's motion to dismiss the unjust enrichment count.