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 2017, Cease applied for Section 8 housing, disclosing that she used medical marijuana and including a copy of her Pennsylvania Medical Marijuana Identification Card. The Indiana Co. Housing Authority (“Authority”) denied her application because the federal government considers marijuana to be an illegal substance. She appealed, and the trial court affirmed the Authority. She … Read more
In PA Dep’t of Rev. v. Wagman, the Commonwealth Court reviewed the Office of Open Records order granting a news reporter access to certain tax records under Pennsylvania’s Right-to-Know Law. The reporter requested the Department of Revenue records of cumulative totals of taxes generated by businesses within a certain business district in Allentown. The request was … Read more
In Southpointe Golf Club, Inc. v. Bd. of Supervisors of Cecil Twp., the golf club appealed the lower court’s denial of the club’s challenge to a local zoning ordinance. The Commonwealth Court reversed. The ordinance allowed consent from 100% of adjoining property owners – consent any owner may revoke at any time – to trigger … Read more
In Naborn v. Unemp. Comp. Bd. of Rev., the Commonwealth Court affirmed the Board of Review’s order that, in turn, affirmed the Referee’s order denying the claimant’s request to backdate his unemployment compensation under 43 P.S. § 801(c). The claimant had filed a prior unemployment claim within the previous year, but he filed a second … Read more
In 1976, Appellant pleaded guilty to third-degree murder. He absconded to Kentucky when he was paroled. Two years later, he was convicted of rape and related offenses in Kentucky. These sex crimes carried a lifetime reporting requirement under Kentucky law. After he served the full sentence for the crimes in Kentucky, he was transferred to … Read more
In State v. Harris, the Appellate Division was asked to determine which “track” a drug-court applicant fell into. Track One applicants are those who are facing the presumption of imprisonment set forth in N.J.S.A. 2C:44-1(d) or a mandatory term of parole ineligibility. Those applicants must meet all the prerequisites for special probation outlined in N.J.S.A. … Read more
Plaintiff Goldfarb claimed that Defendant Solimine reneged on a promise of employment after Plaintiff quit his job to accept a promised position managing the Defendant’s family’s sizeable investment portfolio. After Goldfarb sued, the trial court submitted the case to the jury on a theory of promissory estoppel. But the court limited Plaintiff’s potential damages. The … Read more
In Gregg v. Ameriprise Fin., Inc, the Pennsylvania Supreme Court ruled that the catch-all provision in the Commonwealth’s Unfair Trade Practices and Consumer Protection Law is a strict liability offense. As a result, a plaintiff must prove only that the defendant “engage[d] in conduct that has the potential to deceive and which creates a likelihood … Read more
In Maison v. New Jersey Transit Corp., the Supreme Court reviewed a jury verdict for the plaintiff in a negligence action. In doing so, the Court was asked to determine whether, under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, the heightened duty-of-care standard governing private common carriers protects equally those people who … Read more
In Marshall v. East Bradford Twp. Bd. of Supervisors, the plaintiff landowners appealed the order of the trial court that denied their conditional use application for a bed and breakfast (B&B). The order affirmed the Board of Supervisors of East Bradford Township (“Supervisors”) that the proposal to use a barn for special events at the … 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