Rule Amendments and Court Opinions of Interest to ACBA Members

For past court capsules, please follow the corresponding link below. 
Current | 2018 | 2017 | 2016 | 2015

December

US Supreme Court

US Court of Appeals for the Third Circuit

Dec. 17, 2019 | US Court of Appeals for the Third Circuit addresses “cost recovery” and “contribution” action under CERCLA. Read the opinion here.

Pennsylvania Supreme Court

Dec. 18, 2019 | Pa. Supreme Court to decide if courts can sua sponte review guardian ad litem conflicts. Read the order here.

Dec. 19, 2019 | There are new and amended rules of juvenile court procedure concerning PACFile. Read the order here, the rule here, and the final report here.

Dec. 20, 2019 | There has been an adoption of Pa.R.J.C.P. 205 and 1205; and amendment of Pa.R.J.C.P. 166, 167, 345, 1166, 1167, and 1345. Read the order here, the new rule here, and the final report here.

Pennsylvania Superior Court

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

May

US Supreme Court

US Court of Appeals for the Third Circuit

Pennsylvania Supreme Court

May 8, 2019 | A second-strike offender is to receive separate mandatory minimum sentences for a conspiracy conviction and a conviction for the offense underlying that conspiracy, when both offenses are separately listed as “crimes of violence” subject to the sentencing enhancement. Read the opinion here.

Pennsylvania Superior Court

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

April

US Supreme Court

US Court of Appeals for the Third Circuit

Pennsylvania Supreme Court

April 30, 2019 | Appellant, who was serving a sentence of incarceration on weekends only, was not disqualified from receiving unemployment compensation benefits. Read the opinion here.

April 29, 2019 | 21 P.S. §351, “Failure to record conveyance,” does not create a mandatory duty to record all mortgages and mortgage assignments in a county office for the recorder of deeds. Read the opinion here.

April 12, 2019 | There is a proposed amendment of Pa.R.J.C.P. 231. Read more here.

April 11, 2019 | There is a proposed amendment of Pa.R.J.C.P. 191. Read more here.

Pennsylvania Superior Court

April 9, 2019 | The Minor Court Rules Committee is considering proposing to the Pa. Supreme Court the amendment of Pa.R.C.P.M.D.J. Nos. 1208, 1209,1210, and 1211 governing denials of petitions for emergency protection from abuse and sexual violence or intimidation. Read more here.

April 4, 2019 | Court amends Pa.R.D.E. 208(d) regarding rights to oral argument before disciplinary board. Read the new rule here.

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

April 16, 2019 | The 4/12 PLJ Opinions is available and contains cases on criminal appeals. Read it here.

March

US Supreme Court

March 1, 2019 | Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Read the opinion here.

US Court of Appeals for the Third Circuit

Pennsylvania Supreme Court

Pennsylvania Superior Court

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

February

US Supreme Court

Feb. 22, 2019 | The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states under the Fourteenth Amendment’s Due Process Clause. Read more here.

US Court of Appeals for the Third Circuit

Pennsylvania Supreme Court

Feb. 21, 2019 | Failure to file preliminary objections to a declaration of taking did not result in waiver under Section 306 of the Eminent Domain Code. Read the opinion here.

Feb. 19, 2019 | Rules 330, 337, and 515 of the Pennsylvania Rules of Juvenile Court Procedure are amended. Read the new rules here and the final report here

Feb. 13, 2019 | There are proposed revisions of the Comments to Pa.Rs.Crim.P. 458, 460, 462, and 546. Read more here.

Feb. 8, 2019 | There is an amendment of Rules 219(a) and 502(b) of the Pa. Rules of Disciplinary Enforcement and Rule 1.15 of the Rules of Professional Conduct - No. 172 Disciplinary Rules. Read more here.

Pennsylvania Superior Court

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

Feb. 15, 2019 | The 2/15 PLJ Opinions is available and contains cases on employment, motor vehicle, and criminal appeals. Read it here.

Feb. 5, 2019 | The 2/1 PLJ Opinions is available and contains cases on arbitration, contracts, and criminal appeals. Read it here.

January

US Supreme Court

Jan. 16, 2019 | The Armed Career Criminal Act’s elements clause encompasses a robbery offense that requires the criminal to overcome the victim’s resistance. Read the opinion here.

Jan. 15, 2019 | A court should determine whether the Federal Arbitration Act’s exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration. Read the opinion here.

Jan. 14, 2019 | The Social Security Act’s fee cap of 25% of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation. Read the opinion here.

US Court of Appeals for the Third Circuit

Pennsylvania Supreme Court

Jan. 31, 2019 | Rules 1007, 1018, 1033, and 2252 of the Pennsylvania Rules of Civil Procedure are amended and Rule 2005 of the Pennsylvania Rules of Civil Procedure is adopted. Read more here, here, and here.

Jan. 30, 2019 | The Orphans’ Court Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the adoption of Pa. O.C. Rule 5.50, providing for petitions for the settlement of small estates pursuant to 20 Pa.C.S. § 3102. Read more here.

Jan. 29, 2019 | The Custody of Exhibits Workgroup is planning to propose to the Pa. Supreme Court the adoption of Pa.R.J.A. Nos. 5001-5006, establishing statewide standards for the custody and retention of trial exhibits. Read more here.

Jan. 10, 2019 | The Prime Rate for delay damages has been updated. Read more here.

Jan. 8, 2019 |There’s a proposed adoption of new evidence rules. Read more here.

Jan. 7, 2019 | There’s a proposed amendment of Rule 237.3 (Relief from Judgment of Non Pros or by Default). Read more here.

Jan. 3, 2019 | A mother cannot be found to be a perpetrator of child abuse against her newly born child for drug use while pregnant. Read the opinion here.

Jan. 2, 2019 | Impact fee will be assessed whenever a vertical well’s production exceeds an average of 90,000 cubic feet of natural gas per day for even one month of the year. Read the opinion here.

Pennsylvania Superior Court

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

Jan. 18, 2019 | The 1/18 PLJ Opinions is available and contains cases on personal injury and criminal appeals. Read it here.


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