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New Jersey Law Journal

Booker Cleared in Suit Over Newark Watershed Corruption

A U.S. Bankruptcy Court judge has ruled that U.S. Sen. Cory Booker, D-New Jersey, is immune from claims that he failed to properly supervise a corruption-ridden water agency while serving as mayor of Newark.
6 minute read

New York Law Journal

Water Bill Credits Voided for NYC Residences

Though "laudable" in purpose, an initiative by the de Blasio administration to give owners of one-, two- and three-family residences in New York City credits on their water bills was not legal, a state Supreme Court justice ruled.
4 minute read

The Legal Intelligencer

Sobat v. Borough of Midland, PICS Case No. 16-0754 (Pa. Commw. June 9, 2016) McCullough, J. (18 pages).

Appellant's claim was not subject to the utility service facilities exception to governmental immunity where appellant's damages stemmed from the municipality's negligent representations. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Se. Reprographics Inc. v. Bur. of Prof'l & Occupational Affairs, PICS Case No. 16-0736 (Pa. Commw. May 24, 2016) Leadbetter, J. (23 pages).

An inventory and mapping of an electric utility's field assets and equipment did not constitute an engineering or land survey, because such activity did not involve the design of structures, equipment or works. Order of the State Registration Board for Professional Engineers, Land Surveyors and Geologists reversed.
3 minute read

The Legal Intelligencer

Pa. Pub. Util. Comm'n v. Seder/The Times Leader, PICS Case No. 16-0733 (Pa. May 25, 2016) Baer, J.; Saylor, J., dissenting. (23 pages).

A "tip letter" and documents from a subsequent investigation by Public Utility Commission staff were subject to disclosure pursuant to the Public Utility Code (PUC), which required disclosure of documents relied by upon by the commission in reaching a determination. Order of the commonwealth court reversed.
3 minute read

The Legal Intelligencer

Huffsmith v. PPL Elec. Util. Corp., PICS Case No. 16-0745 (Pa. Super. May 24, 2016) (memorandum) Panella, J. (7 pages).

The trial court improperly granted summary judgment against appellants on their intentional trespass claim where appellants presented evidence that created a genuine issue of material fact as to the location and/or extent of appellee utility company's right of way on appellants' property. Summary judgment reversed, and case remanded.
5 minute read

The Legal Intelligencer

S & H Transp. Inc. v. York, PICS Case No. 16-0715 (Pa. May 25, 2016) Donohue, J. (17 pages).

Commonwealth court correctly held that freight broker could not benefit from the exceptions from local taxation in §301.1(f)(2) of the Local Tax Enabling Act (LTEA) because those exceptions applied only if a common carrier's rates and services were regulated by the Public Utility Commission (PUC). Affirmed.
4 minute read

National Law Journal

Top Chicago Firms Poised for Trial Over Failed Solar Power Venture

A solar power joint venture dispute pitting Windy City firms Sidley Austin and Mayer Brown against each other in Illinois state court heated up this week when a judge set the stage for a trial that could include damages of more than $200 million.
18 minute read

The Legal Intelligencer

Executive Transp. Co., Inc. v. Pa. Public Util. Comm'n. , PICS Case No. 16-0569 (Pa. Commw. April 22, 2016) Cohn Jubelirer, J. (15 pages).

Public Utility Commission did not err in denying taxi company's petition for reconsideration of PUC order granting authorization to Uber subsidiary to provide experimental service pursuant to 52 Pa. C. §29.352, because the petition for reconsideration failed to meet the standard articulated in Duick v. Pennsylvania Gas and Water Co. of raising new arguments and only asserted the same arguments that the ALJ and the PUC had already addressed and decided against the taxi company. Affirmed.
3 minute read

The Legal Intelligencer

Ziegler v. City of Reading, PICS Case No. 16-0539 (Pa. Commw. April 20, 2016) Wojcik, J. (36 pages).

By | April 29, 2016
Act 101 did not explicitly prohibit a municipality's collection of curbside recycling fees to cover some of the costs of the municipality's recycling program. Trial court order reversed, case remanded.
4 minute read

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