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. ACBA Court Capsules are presented by bit-x-bit.

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

US Supreme Court

US Court of Appeals for the Third Circuit

Sept. 1, 2017 | 302(c)(5) of the Labor Management Relations Act (“LMRA”) explicitly requires employee benefit trust funds to include a mechanism for arbitrating deadlocks amongst trustees that develop in the course of fund administration. Read the opinion here.

Sept. 7, 2017 | 18 U.S.C. § 16(b), as incorporated into 8 U.S.C. § 1101(a)(43)(F) of the Immigration and Nationality Act, is unconstitutionally vague. Read the opinion here.

Sept. 15, 2017 | Employee didn’t waive right to assert claims under FMLA and Pennsylvania common law when he signed a C&R to settle his workers’ compensation claims. Read the opinion here.

Sept. 19, 2017 |Third Circuit examines reach of the Price-Anderson Act and its remedy-limiting provisions. The Act gives federal courts jurisdiction to resolve a broad set of claims involving liability for physical harm arising from nuclear radiation. Read the opinion here.

Pennsylvania Supreme Court

Sept. 2, 2017 | Pa. Supreme Court amends rules on IOLTA Procedures. Among other things, the amendments provide for new exemptions from the requirement to hold funds in an IOLTA account. To read the amended rules, click here.

Sept. 12, 2017 | There’s a proposed adoption of new Pa.O.C. Rule 14.3, Form G-05, and Amendment of Index to Appendix. More information here.

Sept. 18, 2017 | There’s a proposed amendment of Pa.R.C.P. No. 1910.16-4. More information here.

Pennsylvania Superior Court

Sept. 8, 2017 | Officer didn’t “seize” appellee when he approached him and asked him to stop and talk. Read the opinion here.

Sept. 14, 2017 | Trial court abused its discretion in suppressing audio recordings of defendant's telephone calls made in prison unless the Commonwealth also translated other calls from Spanish to English and created translated transcripts of the recorded statements. Read the opinion here.

Sept. 22, 2017 |The revision to the Comment to Pennsylvania Rule of Criminal Procedure 578 is approved. Read the order here, the rule here , and the final report here.

Pennsylvania Commonwealth Court

Sept. 20, 2017 |61 Pa. C.S. 6138 requires the Board to articulate the basis for its decision to grant or deny a convicted parole violator credit for street time. Read the opinion here.

Allegheny County Court of Common Pleas

Sept. 13, 2017 | The 9/15 PLJ Opinions is available and contains cases on criminal appeals. Read it here.