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New Jersey Law Journal

ELEC to Appeal Ruling in DiVincenzo Campaign Spending Case

The New Jersey agency charged with regulating political campaign spending and fundraising is asking the state Appellate Division to allow it to continue to investigate allegations of improper use of campaign funds by Democratic Essex County Executive Joseph DiVincenzo.
9 minute read

New York Law Journal

Circuit Rebuffs Challenge to SEC Administrative Proceedings

Constitutional challenges to the legitimacy of administrative law judges who preside over SEC cases must wait until the proceedings are no longer pending, and they cannot be made in federal district courts, the Second Circuit held Wednesday.
6 minute read

New Jersey Law Journal

Supreme Court Nixes $2.7 Million Auto Accident Award

Citing numerous errors, the New Jersey Supreme Court on June 1 overturned a $2.7 million damages award issued to a Hackensack woman whose car rear-ended a garbage truck.
8 minute read

National Law Journal

Morning Wrap: DOJ Resists Judge's Ethics Sanctions | Trump U.'s 'Playbook'

The U.S. Justice Department is mounting a challenge to a Texas judge's attorney-ethics sanctions. A federal appeals court rules for the feds in a Fourth Amendment case over cell-phone location data. And a federal judge in California releases Trump University docs that had been kept secret. This is a roundup from ALM and other publications.
5 minute read

The Legal Intelligencer

In Re S.A.K., PICS Case No. 16-0671 (Pa. Super. May 17, 2016) (memorandum) Fitzgerald, J. (55 pages).

Trial court erred in terminating mother's parental rights because mother was deprived of her right to counsel where the record showed that she did not have appointed counsel at the termination hearing and was never advised of her right to counsel for the proceeding. Vacated and remand.
3 minute read

The Recorder

United States Army Corps of Engineers v. Hawkes Co., Inc.

5 minute read

The Legal Intelligencer

Superior Court's 2016 Output Low on Civil Rulings

After two years in which the Pennsylvania Superior Court's published opinions leaned toward the civil docket, the court's written work this year has seen a surge in criminal cases, due in part to fallout from recent U.S. Supreme Court rulings. The comparative rise of published criminal decisions has coincided with a sharp drop in civil opinions that has diminished the shorthanded court's overall year-over-year output by 10 percent.
5 minute read

The Legal Intelligencer

Holz v. Reese, PICS Case No. 16-0666 (Pa. Super. May 18, 2016) (memorandum) Mundy, J. (7 pages).

The trial court lacked subject matter jurisdiction to hear a prisoner's tort claims against federal prison officials, where such tort claims fell under the Federal Tort Claims Act (FTCA), which restricted jurisdiction over such claims to the federal courts. Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

Hernandez-Lerch v. Gray, PICS Case No. 16-0649 (Pa. Super. May 17, 2016) (memorandum) Lazarus, J. (12 pages).

Trial court erred in denying appellant's motion for a new trial on the issue of damages after jury awarded automobile accident victim damages for medical bills and lost wages but nothing for pain and suffering because the uncontested evidence of her injuries showed that she suffered compensable pain that amounted to more than a mere transient rub of life. Reversed and remanded.
4 minute read

The Legal Intelligencer

Remington v. Krohn, PICS Case No. 16-0674 (Pa. Super. May 13, 2016) (memorandum) Shogan, J. (14 pages).

Trial court properly denied modification of parties' child support agreement because mother was contractually responsible for son's educational expenses as father was for daughter's expenses. Affirmed.
3 minute read

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