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The Legal Intelligencer

Laidlaw v. Converge MidAtlantic, PICS Case No. 17-1127 (C.P. Philadelphia July 19, 2017) Rau, J. (71 pages).

A husband's claims for damages pertaining to his wife's extramarital affair with their pastor were barred because such claims were previously abolished by statute, and the First Amendment precluded the court's intrusion into religious matters.
6 minute read

The Legal Intelligencer

Commonwealth v. Cole, PICS Case No. 17-1185 (Pa. Super. July 7, 2017) Bender, J. (49 pages).

Wiretap Act did not require suppression of cellphone records obtained by out-of-state police pursuant to a court order obtained from their courts. Judgment of sentence affirmed.
4 minute read

The Legal Intelligencer

Carney v. Carney, PICS Case No. 17-1181 (Pa. Super. July 11, 2017) Stevens, J. (15 pages).

The trial court did not err in adopting wife's experts' methodology in evaluating the parties' transport business; however, the court did err in failing to consider evidence related to the potential sale of the business before assigning the asset to husband. The appellate court affirmed in part, reversed in part and remanded.
3 minute read

The Legal Intelligencer

Hamilton v. Bromley, PICS Case No. 17-1191 (3Cir. July 10, 2017) Fisher, J. (15 pages).

District court erred in abstaining from jurisdiction under 'Younger' doctrine by not first determining whether it had jurisdiction, but dismissal was proper where action was moot. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Davis-Haas v. Exeter Twp. Zoning Hearing Bd., PICS Case No. 17-1189 (Pa. Commw. July 12, 2017) Simpson, J. (52 pages).

Procedural validity challenge to zoning ordinance upheld where municipality failed to strictly comply with statutory public notice requirements, even though challenging landowner had actual notice of proposed ordinance. Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

Christmas v. Bureau of Admin. Adjudication, PICS Case No. 17-1093 (C.P. Philadelphia Nov. 10, 2016) Fletman, J. (5 pages).

Petitioner correctly argued that a sign prohibiting motor vehicle parking on Friday and Saturday nights at certain locations in the City of Philadelphia after 10 p.m. was a nullity because it was not supported by a city ordinance or regulation. The court reversed a decision by the City of Philadelphia Bureau of Administrative Adjudication.
3 minute read

The Legal Intelligencer

Commonwealth v. Berry, PICS Case No. 17-1184 (Pa. Super. July 10, 2017) Olson, J. (19 pages).

Criminal conflict of interest statute did not violate separation of powers, where it did not attempt to regulate conduct specifically regulated as part of the practice of law. Judgment of sentence affirmed, case remanded for resentencing.
7 minute read

The Legal Intelligencer

Clearwater Construction, Inc. v. Northampton Co. General Purpose Auth. et al, PICS Case No. 17-1182 (Pa. Commw. July 10, 2017) Cohn Jubelirer, J. (15 pages).

Addressing an issue of first impression, the court found that a construction company that unsuccessfully bid on a municipal project governed by the Public-Private Transportation Partnership Act lacked standing to challenge the propriety of the selection process. The court affirmed a trial court decision finding that plaintiff lacked standing.
6 minute read

The Legal Intelligencer

Commonwealth v. Zrncic, PICS Case No. 17-1188 (Pa. Super. July 12, 2017) Dubow, J. (8 pages).

Trial court erred in ordering restitution to replace the victim's laptop seized in the police investigation for an offense that the defendant ultimately was not convicted of, since restitution could only be awarded for a loss flowing or arising from a crime resulting in conviction. Order of the trial court reversed in part.
3 minute read

The Legal Intelligencer

Commonwealth v. Dolan, PICS Case No. 17-1186 (Pa. Super. July 7, 2017) Stevens, J. (6 pages).

Trial court erred in requiring commonwealth to produce alleged victim to testify and be subject to cross-examination at a preliminary hearing, where commonwealth was permitted to establish a prima facie case solely on hearsay evidence without risk to defendant's due process rights. Order of the trial court reversed.
2 minute read

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