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The Legal Intelligencer

Holy Redeemer Health Sys. v. Workers' Compensation Appeal Bd. (Lux), PICS Case No. 17-0954 (Pa. Commw. June 6, 2017) Brobson, J. (12 pages).

Claimant's loss of earning power was attributable to work-related injury, and claimant was therefore entitled to workers' compensation benefits, where employer specifically created permanent alternative position for claimant within her physical restrictions and offered it to her at a lower wage. Order of the WCAB affirmed.
3 minute read

The Legal Intelligencer

In Re Klaas, PICS Case No. 17-0960 (3d Cir. June 1, 2017) Krause, J. (26 pages).

District Court properly affirmed bankruptcy court's granting of a grace period to debtors who made the final payment on their base plan a few weeks after the end of the 60-month period because the bankruptcy court had the discretion under the code to grant a reasonable grace period for debtors to cure an arrearage. Affirmed.
4 minute read

The Legal Intelligencer

J.A.F. v. C.M.S., PICS Case No. 17-0957 (Pa. Super. June 1, 2017) Ford Elliott, P.J., (12 pages).

Mother appealed trial court's order denying her petition asserting that a sperm-donor contract existed between her and child's biological father and that father lacked standing in the child custody case but the order she appealed from was not a final order since it was entered in an ongoing child custody proceeding and was not a compete resolution of the pending custody claims. Appeal quashed.
6 minute read

The Legal Intelligencer

Carney v. Carney, PICS Case No. 17-0944 (Pa. Super. May 31, 2017) Stevens, J. (16 pages).

The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
6 minute read

The Legal Intelligencer

Harmon v. Unemployment Compensation Bd. of Review, PICS Case No. 17-0952 (Pa. Commw. June 7, 2017) Brobson, J. (29 pages).

Claimant ineligible for unemployment compensation benefits where, although available to work, claimant was incarcerated during period of benefits. Order of the UCBR affirmed.
4 minute read

The Legal Intelligencer

J.M v. K. W., PICS Case No. 17-0958 (Pa. Super. May 31, 2017) Bowes, J. (22 pages).

Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
3 minute read

National Law Journal

Mueller Bolsters Russia Team's Appellate Readiness in New Hire

Adam Jed, a 2008 Harvard Law School graduate and former clerk to U.S. Supreme Court Justice John Paul Stevens, has joined Special Counsel Robert Mueller III's legal team in the investigation of Russia's interference with the U.S. presidential election. At the DOJ, Jed defended the Affordable Care Act and helped implement the Supreme Court's DOMA ruling.
5 minute read

New York Law Journal

Panel Scuttles $1.35M Verdict in Home Renovation Case

A Manhattan appeals court threw out a $1.35 million verdict on Thursday, saying a trial judge committed reversible error when she decided from the bench that a breach of contract occurred, thereby stripping the issue from the jury.
4 minute read

New York Law Journal

AG's Subpoena for Pregnancy Centers Violates First Amendment, Panel Finds

The Second Department agreed that Attorney General Eric Schneiderman has a compelling interest to prevent practicing medicine without a license or other fraudulent or illegal acts, but said that the subpoenas needed to be more narrowly tailored to avoid infringing on the right of freedom of association of a group that runs anti-abortion medical centers.
3 minute read

Daily Business Review

Court: No Subpoena Power for Miami Civilian Review Panel

The Florida Supreme Court says home rule doesn't overcome protections in state law for police officers accused of misconduct.
9 minute read

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