ACBA Court Capsules
Rule Amendments and Court Opinions of Interest to ACBA Members

As a member benefit, the ACBA gathers information regarding court rule amendments and important court opinions, then publishes this information and relevant links on this web page, under the appropriate court heading. When new information is added, the ACBA will share this news on Twitter and Facebook. Also look for summaries every Tuesday in the Pittsburgh Legal Journal. The ACBA Court Capsule Service is sponsored by bit-x-bit.

For past tweets, please follow the corresponding link below. 
Current | 2017 | 2016 | 2015

US Supreme Court

June 23, 2017 | In the context of a public-trial violation during jury selection, where the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial. Read the opinion here.

June 15, 2017 | A company may collect debts that it purchased for its own account without triggering 15 U. S. C. §1692a(6). Read the opinion here.

June 13, 2017 | Federal courts of appeals lack jurisdiction under §1291 to review an order denying class certification (or, as here, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice. Read the opinion here.

June 6, 2017 | Because SEC disgorgement operates as a penalty under §2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued. Read the opinion here.

June 6, 2017 | Forfeiture pursuant to §853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime. Read the opinion here.

US Court of Appeals for the Third Circuit

June 16, 2017 | Third Circuit clarifies case law and demarcates the boundaries of the due process owed to aliens in removal hearings. Read the opinion here.

Pennsylvania Supreme Court

June 22, 2017 |No fiduciary duty can arise in a consumer transaction for the purchase of a whole life insurance policy based upon the advice of a financial advisor where the consumer purchasing the policy does not cede decision -making control over the purchase to the financial advisor. Read the opinion here and the dissenting opinion here.

 

June 21, 2017 |Section of Workers’ Compensation Act that requires physicians to apply the methodology set forth in "the most recent edition" of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment violates the constitutional requirement that all legislative power be vested in a General Assembly. Read the opinion here.

June 20, 2017 | A terminated employee is precluded from inspecting her personnel file. Read the opinion here.

June 20, 2017 | A physician's duty to provide information to a patient sufficient to obtain informed consent is non-delegable. Read the opinion here , the concurring and dissenting opinion here , and the dissenting opinion here

June 13, 2017 | The comment to Pa.R.E. 902 (Evidence That Is Self-Authenticating) has been revised. View it here

June 8, 2017 | There’s a proposed adoption of Pa.R.J.C.P. 148, 1146, and 1148 and proposed amendments of Pa.R.J.C.P. 195, 512, and 1147. Read the notice here, the report here, and the proposed rule here.

June 7, 2017 | There is a proposed amendment of Pa.R.C.P. Nos. 1915.3 (Commencement of Action. Complaint. Order. Inquiry.) and 1915.3-2 (Criminal Record or Abuse History). Read the notice here, the proposed rules here and the recommendation here

Pennsylvania Superior Court

June 19, 2017 | Pa. Superior Court rules on whether wife waived her claims for equitable distribution. Read the opinion here.

June 1, 2017 | Court must consider evidence related to the potential sale of a business before assigning the asset to a party. Read the opinion here.

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

June 9, 2017 | The 6/9 PLJ Opinions are now available, and contain opinions on product liability, contracts and criminal appeals. Read it here.


bit-x-bit