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 Legal Tweet Service is sponsored by bit-x-bit.

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

US Supreme Court

May 22, 2017 | The Hague Service Convention does not prohibit service of process by mail. Read the opinion here.

May 22, 2017 | As applied to domestic corporations, “residence” in 28 U. S. C. §1400(b) refers only to the State of incorporation. Read the opinion here.  

May 16, 2017 | A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. Read the opinion here

May 16, 2017 | The filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act. Read the opinion here.

May 16, 2017 | The Kentucky Supreme Court’s clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. Read the opinion here.

May 2, 2017 | A city is an “aggrieved person” authorized to bring suit under the FHA. Read the opinion here.

US Court of Appeals for the Third Circuit

May 10, 2017 | Third Circuit reviews “particularly serious crimes” under the Immigration and Nationality Act for purposes of withholding of removal. Read the opinion here.

May 4, 2017 | An alien subject to a reinstated removal order may not apply for asylum. Read the opinion here.

Pennsylvania Supreme Court

May 23, 2017 | A home rule municipality may not amend its home rule charter to eliminate mandatory subjects of bargaining as defined by the Police and Firemen Collective Bargaining Act. Read the opinion here.

May 23, 2017 |The Civil Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa.R.C.P. Nos. 1018 and 1033, and the adoption of new Pa.R.C.P. No. 2005 governing the designation of an unknown defendant by a fictitious name.  Comments due 8/4. More info here.

May 17, 2017 | Rules 1320 and 1321 (Private Petition Application) of the Pennsylvania Rules of Juvenile Court Procedure are amended. Read the order here, the new rule here, and the final report here

May 17, 2017 | Rules 240, 242, and 1242 (Detention/Detention Hearing/Shelter Care Hearing) of the Pennsylvania Rules of Juvenile Court Procedure are amended. Read the order here, the new rule here, and the final report here.

May 11, 2017 | Rules 512, 610, and 612 of the Pennsylvania Rules of Juvenile Court Procedure are amended. Read the order here, the new rule here, and the final report here.

May 3, 2017 | Rules 531 (Qualifications of Surety) and 536 (Procedures upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety) of the Pennsylvania Rules of Criminal Procedure have been amended. Read the order here, the new rule here, the dissenting statement here, and the final report here.

Pennsylvania Superior Court

May 24, 2017 | Plaintiffs adduced sufficient proof to go to the jury on the question of whether they were wrongfully discharged because they intended, as mandated reporters, to file a report of suspected abuse or neglect. Read the opinion here.

May 8, 2017 | Error to allow defendant to admit evidence of the “known risks and complications” of a surgical procedure in a medical malpractice case that did not involve informed consent-related claims. Read the opinion here.

Pennsylvania Commonwealth Court

Allegheny County Court of Common Pleas

May 9, 2017 | The May 12 PLJ Opinions is available and contain opinions on personal injury, class action, liquor control board, settlement, and criminal appeals. View it here.



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