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.
#Easement #EminentDomain #LandUse #RealProperty 4/16/2020 — This appeal results from 63 consolidated appeals over a Superstorm Sandy ruling granting the DEP permanent easements over beachfront property owners’ property to reduce the risk of flooding. In State v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017), the Appellate Division ruled in favor of… Continue reading New Jersey v. 1 Howe Street Bay Head, LLC
#FamilyLaw #Custody 04/14/20- J.S. (“Father”) appealed from the order, awarding sole legal and primary physical custody of the parties’ daughter, A.S. (“Child”), to R.S.S. (“Mother”). Father argued that the trial court lacked subject matter jurisdiction because Child resided in Hungary and had no significant connection with Pennsylvania. The Court concluded that Pennsylvania retained exclusive, continuing… Continue reading J.S. v. R.S.S.
#Sentencing #VOP #CourtCosts 04/16/20- In 2010, the defendant pleaded guilty to robbery and other crimes. In the sentencing order, the trial court imposed the following conditions of probation: obtain a GED; attend job training; seek and maintain employment; and pay court costs. On February 12, 2019, the defendant appeared for a fourth VOP hearing, which… Continue reading Commonwealth v. Hudson
On April 7, the Superior Court of Pennsylvania decided Spector Gadon & Rosen, P.C. v. Rudinski, Orso & Lynch, 3661 EDA 2018, a case involving a dispute amongst law firms. In 2013, Mark Hazelton retained Spector Gadon & Rosen, P.C. (“SGR”) to represent him in a suit against Shell Energy for damages to Mr. Hazelton’s… Continue reading We don’t owe you squat!
With courts practically closed, and commerce overall slowed to a trickle, it is worth taking some time to think about your law firm and how you manage it. I had heard of Peter Drucker from a number of friends. He was a highly influential business management scholar and a prolific publisher of articles and books… Continue reading Use This Time to Reflect on Law Firm Management
In Commonwealth v. Frederick, 770 MDA 2019 (Pa. Super Ct. 2020), the defendant, seemingly, tried to do the right thing. His actions earned him a state prison sentence. . In December 2017, a community management company evicted Mr. Frederick from his mobile home, and the locks were changed. The following day, the property manager received messages… Continue reading No (attempted) good deed goes unpunished.
With the onslaught of COVID-19 and the virus’s breakneck pace of infecting jail and prison populations, the criminal defense bar’s job must now include the short-term goal of getting an incarcerated client out of jail or prison. One way to do that is with a bail motion or a motion seeking pretrial release. Whether you practice… Continue reading Appealing Adverse Pretrial Detention Rulings
In Ragbir v. USA (bit.ly/38kXr3q), the Third Circuit Court of Appeals issued a comprehensive decision about coram nobis relief. . In 2000, Ravidath Ragbir, who is a green card holder from Trinidad and Tobago, was convicted of mortgage fraud. Because the loss attributable to the fraud exceeded $10k, the Dept. of Homeland Security (“DHS”) sought to… Continue reading Writ of Error Coram Nobis – alive, but, perhaps, not so well.
In Pathri v. Kakarlamath (bit.ly/36ozlDk), the New Jersey Appellate Division recognized that technological innovations might be useful in the state’s courtrooms. . The case, which involved a matrimonial action. In 2007, the parties moved to the U.S. from India. Plaintiff filed suit in 2018 and, soon thereafter, moved back to India. Defendant filed a counterclaim for a divorce. She and the children live in… Continue reading NJ courts inch their way into the future.