Opinion Summaries
At Sullivan | Simon, we read and summarize every precedential opinion from all of the state appellate courts in Pennsylvania and New Jersey, as well as the Third Circuit Court of Appeals.
The Pennsylvania Commonwealth Court vacated the Unemployment Compensation Board of Review’s order dismissing Claimant’s appeal of the denial of her request to backdate her application for benefits as untimely under Section 501(e) of the Unemployment Compensation Law. Claimant stated that she delayed filing her initial claim because she did not know she could file for… Continue reading Walthour v. Unemployment Comp. Bd. of Rev.
This appeal involved the interaction of two federal laws: the Patient Protection and Affordable Care Act (ACA) and the Bankruptcy Code. The Third Circuit held that the ACA’s shared responsibility payment is a tax “on or measured by income.” Thus, the Court joined those courts that hold the shared responsibility payment is entitled to priority… Continue reading In re Szczyporski
After the Miller and Montgomery decisions, the trial court resentenced the defendant, a juvenile lifer, to imprisonment of 55 years to life. The defendant appealed, challenging the legality of the sentence as a de facto life without the possibility of parole (“LWOP”) and the discretionary aspects of his sentence. The Pennsylvania Superior Court affirmed, holding… Continue reading Commonwealth v. Miller
The Pennsylvania Superior Court affirmed the defendant’s conviction for first-degree murder. The defendant made three claims of error. First, he claimed that the trial court erred by denying his motion in limine seeking to present evidence of the victim’s rap music videos to the jury. The Superior Court ruled that the defendant did not proffer… Continue reading Commonwealth v. Lehmman
After a jury convicted the defendant of three gunpoint robberies and a subsequent high-speed chase, he appealed to the Pennsylvania Superior Court, claiming that his motion to suppress was erroneously denied, his matters were improperly joined, as well as weight and sufficiency arguments. The latter claims were perfunctory and not meritorious. The suppression motion asserted… Continue reading Commonwealth v. Hobel
The New Jersey Appellate Division began its opinion by succinctly stating the issue: “In this case of first impression, we consider whether a victim in a criminal matter has standing to appeal from a trial court order granting defendant’s motion for a civil reservation, where the victim neither moved to intervene before the trial court… Continue reading State v. Lavrik
The Pennsylvania Superior Court vacated the trial court’s award entered in favor of Hartford. The case stemmed from a motor vehicle accident in which Appellant was injured while operating a vehicle owned by Keystone Automotive Operations, Inc. during the course and scope of his employment. Hartford insured the vehicle under a commercial automobile policy. Hartford… Continue reading Hartford Fire Ins. Co. v. Davis
A former PSU football player sued the school and its medical center following surgery to repair an injury suffered during a practice for a bowl game. The trial court sustained the defendants’ preliminary objections and dismissed the action, denied his request for recusal, and held him in contempt. The former athlete fared no better before… Continue reading Jordan v. Pa. State Univ.
The Pennsylvania Superior Court likely issued this opinion as a reminder to practitioners about proper appellate practices. The Court footnoted multiple errors made by the defendant’s counsel in perfecting the appeal. And the Court wrote at length to articulate the distinction between a weight and a sufficiency challenge. The Court affirmed the judgments of sentence,… Continue reading Commonwealth v. Juray
The New Jersey Appellate Division affirmed the trial court’s order enforcing the parties’ palimony agreement concerning the dissolution of their relationship. The parties entered into the agreement and abided by its terms for some time. But the plaintiff never paid her share of the down payment. The defendant stopped paying his monthly share. Then, the… Continue reading Primmer v. Harrison