NEXT
Sign in to follow

The Legal Intelligencer

Ives v. City of Philadelphia, PICS Case No. 17-1083 (C.P. Philadelphia June 15, 2017) Anders, J. (4 pages).

The court did not abuse its discretion in dismissing the appeal of an administrative adjudication where the appellant failed to comply with the court's scheduling order by not timely filing an appeal brief. The dismissal did not violate the appellant's constitutional right to due process.
2 minute read

The Legal Intelligencer

Commonwealth v. Johnson-Daniels, PICS Case No. 17-1133 (Pa. Super. July 5, 2017) Dubow, J. (22 pages).

Trial court did not abuse its discretion in denying defendant's request to withdraw a guilty plea where such request was made after defendant learned of the commonwealth's recommended sentence, and defendant's assertion of innocence was not plausible. Judgment of sentence affirmed.
4 minute read

The Legal Intelligencer

City of Phila. v. Workers' Comp. Appeal Bd., PICS Case No. 17-1130 (Pa. Commw. July 3, 2017) Brobson, J. (10 pages).

The Workers' Compensation Appeal Board did not err in its application of Act 46, which designated cancer in firefighters as an occupational disease, since the statute makes clear that any claimant who files a timely claim after the act's effective date is entitled to the benefits of Act 46. The court affirmed the Board's decision affirming in part and reversing in part a workers' compensation judge's ruling.
3 minute read

The Legal Intelligencer

Gilyard v. Dusak, PICS Case No. 17-1139 (E.D. Pa. June 29, 2017) Kearney, J. (47 pages).

Detectives not entitled to summary judgment on malicious prosecution claim created a genuine issue of material fact as to whether they lacked probable cause and acted with malice in initiating prosecution of plaintiffs. Summary judgment denied.
4 minute read

The Legal Intelligencer

Commonwealth v. Haines, PICS Case No. 17-1132 (Pa. Super. June 30, 2017) Moulton, J. (20 pages).

Police had reasonable suspicion to investigate, pursuant to a potential violation of the statutory duty to report a crashed vehicle, whether the operator of that vehicle was in a second vehicle stopped by police, since the second vehicle stopped on the same stretch of deserted roadway long enough to pick someone up, and was registered to an individual sharing the same last name as the operator of the crashed vehicle. Judgment of sentence affirmed.
4 minute read

The Legal Intelligencer

Commonwealth v. Batts, PICS Case No. 17-1134 (Pa. June 26, 2017) Donohue, J.; Baer, J., concurring and dissenting. (90 pages).

The commonwealth was required to prove, beyond a reasonable doubt, that a juvenile offender was incapable of rehabilitation for a sentencing court to impose a sentence of life without the possibility of parole. Judgment of sentence reversed, case remanded for resentencing.
4 minute read

The Legal Intelligencer

In re Adoption of M.A.B., PICS Case No. 17-1128 (Pa. Super. June 29, 2017) Dubow, J. (31 pages).

The trial court erred in denying a petition to terminate mother and father's parental rights to two special needs children based on a "reasonable probability" that the causes and conditions which led to placement could be remedied. The court reversed and remanded for further proceedings.
3 minute read

The Legal Intelligencer

Finder v. Crawford, PICS Case No. 17-1137 (Pa. Super. July 6, 2017) Panella, J. (11 pages).

Summary judgment was appropriate where opposing party's "certification" failed to constitute a supporting affidavit because it did not include correct citation to perjury statute, and strict compliance was necessary to avoid possibility of affiant claiming ignorance of applicable criminal penalties for false statements. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Marr Dev. Mifflinville, LLC v. Mifflin Township Zoning Hearing Bd., PICS Case No. 17-1144 (Pa. Commw. July 3, 2017) Cohn Jubelirer, J. (13 pages.)

Zoning board erred in denying applicant's special exception application to construct 11 duplexes because applicant met the objective requirements for a special exception, the proposed duplexes were consistent with the purpose of the ordinance and objector's expressed fears were speculative at best. Reversed.
3 minute read

The Legal Intelligencer

Valley Forge Towers Apartments N, LP v. Upper Merion Area Sch. Dist., PICS Case No. 17-1041 (E.D. Pa. July 5 2017) Saylor. C.J. (27 pages).

Commonwealth court erred in dismissing appellants' complaint for declaratory and injunctive relief asserting that school district violated the uniformity clause by appealing the real property assessment of commercial properties, including apartment complexes, but not single-family homes because the uniformity clause did not allow the government to treat different property sub-classifications in a disparate manner. Reversed.
3 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • The Role of Evolving Support Structures in Optimizing Legal Talent

    Brought to you by BigHand

    Download Now

  • Corporate Monitorship Advisory Services

    Brought to you by HaystackID

    Download Now

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now