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The Legal Intelligencer

Bennett v. Bennett, PICS Case No. 17-1287 (Pa. Super. Aug. 4, 2017) Bowes, J. (19 pages).

The trial court erred in holding that wife could negate a recital affirming her knowledge of the parties' marital estate based on her subsequent assertion that she did not know the full extent of the martial assets when she executed a property settlement agreement. The court reversed a trial court order imposing a constructive trust.
6 minute read

The Legal Intelligencer

Commonwealth v. Haines, PICS Case No. 17-1291 (Pa. Super. Aug. 2, 2017) Moulton, J. (15 pages).

The court could not determine if the trial court erred in finding that defendant's consent to a blood draw was involuntary where it failed to make factual findings regarding whether defendant consented to the blood draw before or after being improperly warned of the criminal consequences of refusal. The court reversed a trial court suppression order and remanded.
3 minute read

The Legal Intelligencer

Bienert v. Bienert, PICS Case No. 17-1288 (Pa. Super. Aug. 7, 2017) Solano, J. (15 pages).

The trial court did not err in denying wife's petition seeking to invalidate the parties' property settlement agreement as its properly chose to adhere to its prior rulings and barred wife from seeking to invalidate an agreement she had successfully enforced. The court affirmed a trial court order denying wife relief.
6 minute read

The Legal Intelligencer

Blackledge v. Blackledge, PICS Case No. 17-1288 (3d Circ. May 9, 2017) Krause, J. (38 pages).

The court concluded that for purposes of the Hague Convention on the Civil Aspects of International Child Abduction, the retention date of a child is the date beyond which the noncustodial parent no longer consents to the child's continued habitation with the custodial parent and seeks to reassert custody rights. The court affirmed an order denying father's Hague Convention petition.
6 minute read

The Legal Intelligencer

Discovery Charter Sch. v. Sch. Dist. of Phila., PICS Case No. 17-1296 (Pa. Aug. 8, 2017) Baer, J. (30 pages).

Commonwealth Court erred in creating amendment procedure for charter school charter where neither amendment nor appeal of amendment denial were explicitly authorized by the Charter School Law. Order of the commonwealth court vacated.
4 minute read

The Legal Intelligencer

Schock v. City of Lebanon, PICS Case No. 17-1301 (Pa. Commw. Aug. 4, 2017) Simpson, J. (32 pages).

Trial court properly entered judgment for city and did not abuse its discretion in using the common dictionary definition of "affected" in determining the meaning of the phrase "affected property owners" for the purpose of determining the veto threshold for a BID and in finding that all properties in the proposed BID district had to be counted. Affirmed.
4 minute read

The Legal Intelligencer

Commonwealth v. Yocolano, PICS Case No. 17-1293 (Pa. Super. Aug. 14, 2017) Olson, J. (30 pages).

The trial court's erroneous evidentiary rules, including its decision to bar defendant from offering testimony to rebut the Commonwealth's evidence of prior bad acts, were significant and deprived defendant of a fair trial. The court reversed and remanded for a new trial.
6 minute read

The Legal Intelligencer

Bonacci v. Pal, PICS Case No. 17-1303 (C.P. Lackawanna Aug. 25, 2017) Nealon, J. (21 pages).

Plaintiff failed to state a claim against the owner of residential real property for negligence relating to harm that resulted in the death of plaintiff's son well beyond the geographic boundaries of the residential property.
3 minute read

Daily Business Review

Workers' Compensation Rates Could Decrease in 2018

Florida businesses could see workers' compensation insurance premiums decrease in 2018, after a tumultuous period that included a double-digit rate hike late last year and a lobbying battle about whether to revamp workers' compensation laws.
4 minute read

Daily Business Review

Take It to Court: Florida Senate Sued Over Doomed Website

Florida taxpayers have already spent $5 million on a state budget website that never went public. Now litigation over the failed project could cost another $200,000.
2 minute read

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