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Georgia High Court Nixes Challenge to 2015 Transportation Funding Bill

The Georgia Supreme Court has ruled that local sales and use taxes on motor fuels used to underwrite much of the hard-fought transportation package shepherded through the General Assembly by Gov. Nathan Deal and legislative leaders in 2015 are not constitutionally required to be used only for roads and bridges.
7 minute read

National Law Journal

Will the Supreme Court Follow Trump's Tweets?

The president attacked the courts and his own Justice Department in a flurry of early-morning tweets regarding his travel ban order.
4 minute read

The Legal Intelligencer

Coal Tubin' PA, LLC v. Cambria County Transit Authority, PICS Case No. 17-0840 (Pa. Commw. May 12, 2017) Covey, J. (9 pages).

Petitioner waived all issues it sought to raise on appeal from a trial court order denying a request to set aside a property sale where it failed to file post-trial motions in accordance with Pa.R.Civ.P. 227.1(c). The Commonwealth Court affirmed the trial court's order denying petitioner's request to set aside the sale.
5 minute read

The Legal Intelligencer

Alderwoods (PA), Inc. v. Pa. Public Utility Commission, PICS Case No. 17-0839 (Pa. Commw. May 10, 2017) Hearthway, J. (8 pages).

Petitioner's application for review in the Commonwealth Court's original jurisdiction was premature where the matter was still before the public utility commission and, thus, petitioner failed to exhaust its administrative remedies before seeking review in the court's appellate jurisdiction. The Commonwealth Court granted defendants' preliminary objections and dismissed the petition for review in the court's original jurisdiction.
3 minute read

The Legal Intelligencer

Smith v. Pa. Dep't of Envtl. Protection, PICS Case No. 17-0853 (Pa. Commw. May 8, 2017) Pellegrini, S. J. (30 pages).

OOR erred in holding that a "well site" was not an "industrial plant" and court found that investigative reports pertaining to well sites were public records in a RTKL action but OOR correctly held that DEP met its burden of showing that certain records were exempt under the attorney-client privilege and/or work product doctrine, records relating to the location of radioactive material were exempt under public safety and security concerns, other documents were exempt under trade secret and confidential information, the notes and working papers, internal predecisional deliberation and noncriminal investigation exemptions. Affirmed in part and reversed in part.
7 minute read

The Recorder

Tips for Trial Lawyers To Protect Their Cases For Appeal Can Be Found In Unpublished Decisions

Here are a few waiver, forfeiture and invited error traps that snagged trial lawyers in recent unpublished decisions from the California Court of Appeal.
12 minute read

Daily Business Review

Florida Supreme Court Should Enforce Broken Promises

A Daytona Beach real estate redevelopment case with a key broken promise should be heard by the court, writes attorney Dana Berliner.
9 minute read

The Legal Intelligencer

In re The Trustees of Conneaut Lake Park, Inc., PICS Case No. 17-0854 (3 Cir. May 2, 2017) Hardiman. J. (14 pages).

District court erred in holding that 40 Pa. Stat. §638 was ambiguous and granting insurance proceeds to manager and insurer of beach club that burnt because the subsection of §638 relevant to the case referred only to the "named insured" and appellant had no legally cognizable property interest in the entirety of the insurance proceeds where §638 made the receipt of those proceeds conditional on satisfying the delinquent taxes. Reversed.
7 minute read

New York Law Journal

Suit Alleging Secret Bank Deal Deemed Untimely

A construction company associated with one of Saudi Arabia's richest men failed to file in a timely manner its $10 billion fraud lawsuit accusing Barclays Bank of arranging an illicit deal with Saudi officials, a Manhattan appeals court ruled Thursday.
16 minute read

The Legal Intelligencer

Word Counts for Appellate Briefs: Less Is More

Word counts are a way of life in modern appellate practice. The halcyon days of 70-page "briefs" are gone—never to return, see Commonwealth v. Spuck, 86 A.3d 870, 872 (Pa. Super. 2014), (discussing the demise of the 70-page rule); Commonwealth v. Stoppie, 486 A.2d 994, 996 (Pa. Super. 1984), (quoting former Pa. R.A.P. 2135(1)). Page limits invited abuse, such as "substantive arguments and sub-arguments ... set forth in footnotes [and] other compressed texts, such as block quotes or single-spaced bullet points," as in Commonwealth v. Spotz, 18 A.3d 244, 349 (Pa. 2011).
6 minute read

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