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  • U.S. v. Smukler

    Publication Date: 2018-07-31
    Practice Area: Election and Political Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0891

    Defendant filed a motion to dismiss for vindictive prosecution government's action charging him with unlawful campaign contributions and false statements but failed to show that the timeline supported vindictiveness. Motion denied.

  • Northeastern Pennsylvania Freethought Soc'y v. County of Lackawanna

    Publication Date: 2018-07-31
    Practice Area: Constitutional Law
    Industry: Non-Profit | State and Local Government | Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0893

    Public transportation authority's advertising space on its buses was a limited or nonpublic forum, its advertising policy restrictions were reasonable, its content-based restriction on promoting or opposing religion was neutral and reasonable and plaintiff's first amendment challenge failed. Judgment for defendant.

  • Victory Bank v. Commonwealth

    Publication Date: 2018-07-31
    Practice Area: Tax
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0888

    Board properly denied commercial bank's petition for a refund of the sales tax it paid on computer hardware, software and services pursuant to FISE regulation, 61 Pa. Code §46.9, because statutory changes had superseded the definition of "construction contract" in subsection (c)(1) upon which taxpayer relied and the regulation had to give way to the statute. Affirmed.

  • In re G.M.S.

    Publication Date: 2018-07-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0889

    Orphans' court did not abuse its discretion in involuntarily terminating mother's parental rights because a counsel for the children separate from the GAL was not required. Affirmed.

  • Acosta v. Osaka Japan Restaurant, Inc. et al

    Publication Date: 2018-07-31
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0876

    The defendant employers violated the Fair Labor Standards Act by failing to advise employees that their wages were being decreased under the Act's tip-credit provision, and that provision prohibits mandatory tip pools such as those that include employees who do not typically receive tips directly from customers, the court held in this case of first impression. The court granted in part plaintiff's motion for summary judgment.

  • Commonwealth v. Horning

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0882

    Trial court erred in imposing SORNA registration requirements following conviction for offenses that occurred when Megan's Law II was in effect, as SORNA included more stringent registration requirements and therefore constituted greater punishment than SORNA, such that its application violated the Ex Post Facto Clauses. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Jones

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0883

    Trial court erred in suppressing physical evidence where defendant failed to raise voluntariness of consent to search in his suppression motion and where the fruit of the poisonous tree doctrine could not extend from statements obtained through Miranda violations to suppress physical evidence. Order of the trial court reversed.

  • Carletti v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0868

    Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.

  • Commonwealth v. UPMC

    Publication Date: 2018-07-31
    Practice Area: Health Care Law
    Industry: Health Care | Non-Profit
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0886

    Commonwealth court erred in ordering renewal of Medical Advantage provider agreements pursuant to consent decree. Order of the commonwealth court reversed.

  • Rhinehart v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0842

    The Commonwealth of Pennsylvania, Department of Transportation, could not rely on petitioner's refusal to submit to chemical testing as a basis for disqualifying him from operating a commercial vehicle where petitioner was not advised that his refusal might result in such disqualification. The court reversed the suspension of petitioner's commercial vehicle operating privileges.