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The Legal Intelligencer

Germantown Cab Co. v. Philadelphia Parking Auth., PICS Case No. 17-1453 (Pa. Commw. Sep. 13, 2017) Brobson, J. (32 pages).

Taxicab regulating authority's per-vehicle assessment on partial rights taxicab operators was arbitrary and unreasonable where assessments were derived from an estimate of the number of vehicles that would be in service. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Estate of Wiggs, PICS Case No. 17-1420 (C.P. Philadelphia, Aug. 30, 2017) Herron, J. (21 pages).

Petitioner failed to establish undue influence or lack of testamentary capacity where her mother executed a will that left her entire estate to another family member.
3 minute read

The Legal Intelligencer

Santarelli and Sons Oil Co, Inc. v. Western Wayne Sch. Dist., PICS Case No. 17-1424 (C.P. Lackawanna Sep. 12, 2017) Nealon, J. (18 pages).

The court declined to dismiss the plaintiff's claim for breach of a requirements contract involving the purchase of fuel oil where the issue of good faith was a question to be resolved by the finder of fact. Plaintiff's allegations of reliance were sufficient to support its promissory estoppel claim.
3 minute read

The Legal Intelligencer

Commonwealth v. Dominick, PICS Case No. 17-1380 (C.P. Lackawanna Sept. 6, 2017) New, J. (14 pages).

Defendant was not entitled to a new trial and the appointment of an expert to analyze a supplemental gunshot residue pattern and proximity test conducted by an independent forensic laboratory. The court denied defendant's post-trial motion for relief.
3 minute read

The Legal Intelligencer

RB Alden Corp. v. Commonwealth, PICS Case No. 17-1463 (Pa. Commw. Sept. 12, 2017) McCullough, J. (12 pages).

Court overruled the commonwealth's exceptions to its order holding that the $2 million limit on the amount of the net loss carryover deduction violated the uniformity clause of the Pennsylvania constitution as it applied to the taxpayer because contrary to commonwealth's argument that Nextel was factually distinguishable, the court properly relied on that case. Exceptions overruled.
2 minute read

The Legal Intelligencer

Twp. of Neshannock v. Kirila Contractors, Inc. et al, PICS Case No. 17-1392 (C.P. Lawrence April 27, 2017) Hodge, J. (16 pages).

Where the defendant contractor's contract with the plaintiff county contained both differing condition and exculpatory provisions, the jury was charged with resolving the conflicting contractual provisions based upon the evidence presented. The court denied the moving parties' joint motion in limine.
3 minute read

The Legal Intelligencer

Fulton v. Bureau of Prof'l and Occupational Affairs, PICS Case No. 17-1452 (Pa. Commw. Sep. 12, 2017) Colins, J. (15 pages).

State board of barber examiners erred in denying petition for reinstatement based on prior drug convictions and/or insufficient rehabilitation from such convictions, where those convictions were unrelated to the petitioner's barbershop or barbering work. Order of the state board of barber examiners reversed.

3 minute read

The Legal Intelligencer

J.P. v. Dep't of Human Servs., PICS Case No. 17-1450 (Pa. Commw. Sep. 12, 2017) Brobson, J. (16 pages).

Agency's failure to grant a hearing to the alleged perpetrator of child abuse to challenge the report, after the subject made a sufficiently clear request for hearing, violated due process and warranted the grant of an appeal nunc pro tunc. Order of the Department of Human Services, Bureau of Hearings and Appeals reversed, case remanded.
4 minute read

The Legal Intelligencer

Commonwealth v. Rozier, PICS Case No. 17-1393 (C.P. Lawrence Aug. 25, 2017) Cox, J. (22 pages).

A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
3 minute read

The Legal Intelligencer

Commonwealth v. Shelton, PICS Case No. 17-0908 (Pa. Super. Sept. 7, 2017) Dubow, J. (8 pages).

The trial court properly admitted into evidence a portion of the victim's recorded forensic interview under Pa.R.Evid. 803.1(3) where the victim testified that her recollection of the incidents of abuse was much better at the time of the interview. The appellate court affirmed defendant's judgment of sentence.
3 minute read

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