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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

In the Interest of D.F., PICS Case No. 17-0956 (Pa. Super. June 7, 2017) Dubow, J. (16 pages).

Trial court properly terminated mother's parental rights where child was adjudicated dependent shortly after birth, had strongly bonded with foster/pre-adoptive mother and mother's mental health and drug and alcohol problems interfered with her ability to care for the child, she had not utilized all available resources to deal with her problems and failed to do what needed to be done to establish a parent-child relationship with the child. Affirmed.
3 minute read

New Jersey Law Journal

Court Does About-Face on Appellate Review of Evidentiary Rulings

In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.
4 minute read

National Law Journal

Humana Calls FTC Subpoena a 'Fishing Expedition,' and Then Gets Sued

A Washington federal judge has set a showdown for Thursday between Humana Inc. and the Federal Trade Commission over whether the insurer will be forced to disclose documents the agency says it needs for its investigation of Walgreens Boots Alliance Inc.'s proposed $7 billion acquisition of Rite Aid Corp.
9 minute read

The Legal Intelligencer

Commonwealth v. Hutchison, PICS Case No. 17-0883 (Pa. Super. May 22, 2017) Olson, J. (15 pages).

Trial court did not err in overruling appellant's objection to the prosecution's opening statement, in appellant's trial for abuse of a corpse, because the statement did not invite the jury to step into the shoes of the deceased's family, the trial court properly admitted color photographs of the body since they were relevant, not inflammatory and critical and appellant waived his discretionary aspects of sentencing claim. Affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Kennedy, PICS Case No. 17-0774 (C.P. Lycoming Apr. 21, 2017)

Criminal defendant's motion to dismiss was a de facto petition for a writ of habeas corpus, and defendant waived his right to challenge the sufficiency of the evidence he had previously waived the preliminary hearing. Motion to dismiss denied.
2 minute read

Legaltech News

Defensible Disposition in Action: The Backup Tapes Dilemma

A Legalweek West session offers anecdotal insight into how defensible data dispositions unfold, and some of the strategies and legal risks to consider.
5 minute read

National Law Journal

Sessions' Balk Before Senate Panel Spotlights Hazy Law on Executive Privilege

Does a U.S. attorney general have to tell senators about his private conversations with the president when asked? Some lawyers say that's not a straightforward yes-or-no question.
6 minute read

The Legal Intelligencer

Township of Neshannock v. Kirila Contractor, Inc. et al, PICS Case No. 17-0837 (C.P. Lawrence May 18, 2017) Hodge, J. (39 pages).

Neither the attorney-client privilege nor the work-product privilege applied to many of the emails which plaintiff sought to exclude from evidence at trial where such emails were not drafted by an attorney or party representative and the emails did not relate to a fact of which an attorney was informed by his client for purposes of securing a legal opinion or services. The court recommended affirmance of decision on appeal.
6 minute read

The Legal Intelligencer

Commonwealth v. Luketic, PICS Case No. 17-0865 (Pa. Super. May 16, 2017) Solano, J. (31 pages).

Trial court erred in imposing sentence it had arrived at solely based on the facts of the crime without taking evidence of the circumstances of the sentenced defendant. Judgment of sentence vacated, case remanded for resentencing.
3 minute read

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