Rule Amendments and Court Opinions of Interest to ACBA Members

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Current | 2017 | 2016 | 2015

February

US Supreme Court

Feb. 22, 2017 | Exhaustion of the IDEA’s administrative procedures is unnecessary where the gravamen of the plaintiff’s suit is something other than the denial of the IDEA’s core guarantee of a FAPE. Read the opinion here

Feb. 22, 2017 | The supply of a single component of a multicomponent invention for manufacture abroad does not give rise to §271(f)(1) liability under the Patent Act. Read the opinion here.

US Court of Appeals for the Third Circuit

Feb. 9, 2017 | There is a constitutionally protected liberty interest that prohibits the State from continuing to house inmates in solitary confinement on death row after they have been granted resentencing hearings, without meaningful review of the continuing placement. Read the opinion here.

Pennsylvania Supreme Court

Feb. 15, 2017 | Rules 219(a), 219(j) and 502(b) (Annual Registration of Attorneys) of the Pennsylvania Rules of Disciplinary Enforcement have been amended. Read the order here and the new rule here.

Feb. 14, 2017 | Rule 2572 of the Pennsylvania Rules of Appellate Procedure  (Time for Remand of Record) has been amended. Read the order here and the new rule here.

Feb. 9, 2017 | Rules 1910.16-1, 1910.16-2, 1910.16-3, 1910.16-3.1, 1910.16-4, 1910.16-6, and 1910.16-7 of the Pa.R.C.Pro. have been amended. Read the order here and the new rule here

Feb. 7, 2017 | Rules 152 and 242 of the Pennsylvania Rules of Juvenile Court Procedure (Waiver of Counsel/Detention hearing) have been amended. View the order here, the new rule here, and the final report here

Feb. 2, 2017 | Rule 1033 of the Pennsylvania Rules of Civil Procedure (Amendment) has been amended. View the order here, the new rule here, and the explanatory comment here.

Pennsylvania Superior Court

Feb. 27, 2017 | 21-year adverse possession period “tolled” vs. “reset” during the time that counties owned disputed real property. Read the opinion here and the dissenting opinion here.

Feb. 22, 2017 | Judicial privilege does not apply to claims for wrongful use of civil proceedings and abuse of process. Read the opinion here.

Feb. 1, 2017 | Pa. Superior Court reviews newly-discovered facts exception under section 9545(b)(1)(ii) of the PCRA. Read the opinion here.

Pennsylvania Commonwealth Court

Feb. 27, 2017 | The trial court must consider whether case facts constitute an emergency placement such that a lack of services from DHS was reasonable. Read the opinion here.

Feb. 15, 2017 | Pa. Commonwealth Court reviews the “coming and going” rule. Read the opinion here.

Feb. 13, 2017 | Where there are multiple injuries, but the tort recovery covers only some of those injuries, subrogation is likewise limited. Read the opinion here.

Allegheny County Court of Common Pleas

Feb. 14, 2017 | The 2/17 PLJ Opinions is available online and contains cases on criminal appeals. Read it here

 

January

US Supreme Court

Jan. 18, 2017 | Fannie Mae’s sue-and-be-sued clause does not grant federal courts jurisdiction over all cases involving Fannie Mae. Read the opinion here.

Jan. 10, 2017 | U.S. Supreme Court addresses the situation of an officer who—having arrived late at an ongoing police action—shoots and kills an armed occupant of the house without first giving a warning. Read the opinion here.

 

US Court of Appeals for the Third Circuit

Jan. 20, 2017 | Stolen laptops containing sensitive personal information can lead to a Fair Credit Reporting Act Claim. Even without evidence that the Plaintiffs’ information was in fact used improperly, the alleged disclosure of their personal information creates a de facto injury. Read the opinion here.

Jan. 10, 2017 | A disparate-impact claim is cognizable where a “subgroup” of employees aged 50+ was alleged to have been disfavored relative to younger employees. Read the opinion here.

Jan. 4, 2017 | 28 U.S.C. §2255 is an adequate and effective means to adjudicate sentencing error claim under Alleyne. Read the opinion here.

Pennsylvania Supreme Court

Jan. 30, 2017 | During a termination of parent rights hearing, when the trial court indicated that a party was excused from the hearing upon party’s assertion that she was ill, the court did not, and could not properly have, placed any constraints on her return to the proceedings. Read the opinion here.

Jan. 23, 2017 | Rule 407 of the Pennsylvania Rules of Juvenile Court Procedure (Admissions) has been amended. Read the order here, the new rule here, and the final report here

Jan. 19, 2017 | Individuals who are not named in an executed testamentary document do not have standing to bring a legal malpractice action against the testator’s attorney, as purported third-party beneficiaries to the contract for legal services between the testator and his attorney. Read the majority opinion here and the concurring opinion here.

Jan. 19, 2017 | Plain language of section 6111.1(g)(2) requires Court of Common Pleas to review only the sufficiency of the evidence to support a 302 commitment. Read the opinion here.

Jan. 10, 2017 | There is a proposed revision to the Comment of Pa.R.Crim.P. 578 (Omnibus Pretrial Motion for Relief). Read the proposed revision here.

Jan. 6, 2017 | PA Supreme Court issues new public access policy for appellate and trial court case records. Link to more information here.

Jan. 4, 2017 | There are proposed amendments to Pa.R.Crim.Pro. 203 (Requirements for Issuance) and 513 (Requirements for Issuance; Dissemination of Arrest Warrant Information). For more information click here.

Jan. 3, 2017 | There is a proposed rescission of Pa.R.Crim.Pro. 107 (Contents of Subpoenas) and proposed adoption of new Rule 107 (Subpoenas). For more information click here.

Jan. 3, 2017 | There are proposed amendments to Pa.R.Crim.Pro. 1006 (Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure.) For more information click here

Jan. 1, 2017 | Rules 410, 430, 1064, and 1065 of the Pennsylvania Rules of Civil Procedure (service by publication/actions to quiet title of oil and natural gas rights) have been amended. Read the order here, the new rule here, and the explanatory comment here.

Pennsylvania Superior Court

Jan. 30, 2017 | A defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties provided in 75 Pa.C.S.A. §§3803-3804. Read the opinion here.

Jan. 26, 2017 | Blood test results are admissible if police had requisite reasonable suspicion/probable cause to request a legal blood draw without a warrant pursuant to implied consent statute. Read the opinion here.

Jan. 17, 2017 | Pa. Superior Court rules on class certification in oil and gas lease case. Read the opinion here.

Jan. 12, 2017 | Testimony can be introduced at trial that describes the content of lost surveillance video footage. Read the opinion here.

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

Jan. 30, 2017 | The 2/3 PLJ Opinions is available and contains opinions on landlord/tenant, employment, medical malpractice and more. Read it here.

Jan. 17, 2017 | The 1/20 PLJ Opinions is available and contains opinions on grandparent custody and criminal appeals. Read it here.

Jan. 6, 2017 | The 1/6 PLJ Opinions is available and contains numerous cases on criminal appeals. Read it here.

 


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