OPINION SUMMARIES
At Sullivan | Simon we read every precedential opinion out of state and federal courts in PA & NJ and summarize them to help you stay up to date. If you would like these summaries emailed to you, please sign up for our weekly newsletter.
In Commonwealth v. Price, the Superior Court reversed a trial court’s order that suppressed evidence recovered during a search of the defendant’s cell phone. The Commonwealth sought and was granted a warrant. But the affidavit of probable cause supporting the warrant contained scant facts establishing probable cause. However, the Court ruled that the inevitable discovery … Read more
In Commonwealth v. Mojica, the defendant filed a pro se PCRA petition after he was convicted, but before sentencing, and while he was still represented by counsel. In the petition, he made sufficiency and weight claims. The PCRA court ignored the pro se petition and sentenced the defendant. The Superior Court noted that it was … Read more
The issue in Thorne v. Pep Boys Manny Moe & Jack was whether the plaintiff could sue her tire dealer for ignoring a federal regulation that requires a tire dealer to help customers register their new tires with the manufacturer (49 U.S.C. § 30101, et seq.). The 3rd Circuit agreed with the District Court’s ruling … Read more
In Crisitello v. St. Theresa Sch., the New Jersey Appellate Division reviewed an order from the Law Division granting the defendant’s motion for summary judgment in a Law Against Discrimination action. The defendant — a parochial school — fired the plaintiff because she was unmarried and became pregnant. The Appellate Division had to “determine whether … Read more
In Commonwealth v. Davis, the Pennsylvania Superior Court reviewed the process by which prosecuting authorities can refile criminal charges pursuant to Pa.R.Crim.P. 544. In Davis, after a preliminary hearing, a magisterial district judge dismissed charges. The Commonwealth sought to refile the complaint but went to a different MDJ to do so. Then the case proceeded … Read more
The matter of In re D.G. involved a mother’s appeal from the Orphan’s Court order terminating her parental rights. The case is a companion of sorts to In re D.N.G., 230 A.3d 361 (Pa. Super. Ct. 2020) because D.N.G. and D.G. are siblings. The same attorney was appointed to represent each child’s legal interests, pursuant … Read more
ARTICLES
Click below to read Matt and David’s articles, which offer our takes on some recent appellate decisions.
On April 20, 2020, the Third Circuit filed an opinion in Fogle v. Sokol (bit.ly/3bBcN5s). … Read more
With courts practically closed, and commerce overall slowed to a trickle, it is worth taking … Read more
In Commonwealth v. Frederick, 770 MDA 2019 (Pa. Super Ct. 2020), the defendant, seemingly, tried to … Read more
With the onslaught of COVID-19 and the virus’s breakneck pace of infecting jail and prison … Read more
In Ragbir v. USA (bit.ly/38kXr3q), the Third Circuit Court of Appeals issued a comprehensive decision … Read more
In Pathri v. Kakarlamath (bit.ly/36ozlDk), the New Jersey Appellate Division recognized that technological innovations might be … Read more