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 Superior Court dove deep into the creditor-debtor practice and post-trial civil procedure in this 41-page opus. The case started when a contract for the sale of two vintage shotguns fell through. The seller sought to garnish the buyer’s bank accounts to recover the money he was owed. A bench trial was held on… Continue reading Jones v. McGreevy
The New Jersey Supreme Court’s holding in these consolidated cases will enact a seismic change in the sentencing of juveniles convicted of murder in the Garden State. Two juveniles were sentenced under a statute that required them to serve a minimum of 30 years in prison with no possibility of parole. The Court assessed that… Continue reading State v. Comer
An en banc panel of the Pennsylvania Commonwealth Court held that a school district’s decision to expel G.S. violated his constitutionally protected right to free speech. G.S.’s expulsion resulted from the district’s determination that G.S. had violated its Student Discipline Code by posting violent song lyrics on Snapchat, even though G.S. had put up the… Continue reading In re G.S.
After adverse rulings from a Workers’ Compensation Judge and Workers’ Compensation Appeal Board, a claimant petitioned for review in the Commonwealth Court claiming that his employer should not have been permitted to terminate his workers’ compensation benefits. The Commonwealth Court affirmed, holding (1) Section 204(a) of the Workers’ Compensation Act, which sets forth an offset… Continue reading Sadler v. Philadelphia Coca-Cola (Workers Comp. Appeal Bd.
The Third Circuit worked to “clarify the standard we should use to review a district court’s application of the two-element test provided in Franks for deciding motions for evidentiary hearings” and affirmed the defendant’s convictions for tax fraud. The Court noted the basics: “To obtain a Franks hearing, a defendant must establish (1) that a… Continue reading United States v. Desu
The Pennsylvania Superior Court reversed and remanded the trial court’s order that limited the manner in which the Commonwealth was permitted to interview R.P. and A.P. (“Children”) as part of its investigation into child abuse allegations against Z.P. (“Father”). This appeal implicated the interplay of different sections of the Domestic Relations Code. The Commonwealth argued… Continue reading Z.P. v. K.P.
The Pennsylvania Superior Court affirmed an order of the Orphans’ Court, terminating the appellant’s parental rights. The issue was procedural. The appellant argued that he was not adequately served with the petition for involuntary termination under 23 Pa.C.S. § 2513 and Pennsylvania Orphans’ Court Rule 15.6. The appellant was notified of the hearing while virtually… Continue reading In re M.N.K.
The Third Circuit vacated the District Court’s order, which ruled that the insurance company did not have to defend the company it insured. Vitamin Energy, LLC, obtained a policy from Evanston Insurance and was subsequently sued by a competitor for publishing certain comparative claims and infringing the 5-hour Energy mark in advertising and packaging. The… Continue reading Vitamin Energy, LLC v. Evanston Ins. Co.
The Pennsylvania Commonwealth Court reversed the trial court’s order, which granted summary judgment. Capital Blue Cross (“CBC”) employed Evans. CBC provided its employees with short-term disability benefits under its Salary Continuation Benefit Plan (“the Program”), which was described in a summary plan description (“SPD”). Evans timely applied for shortterm disability benefits under the Program, and… Continue reading Evans v. Capital Blue Cross
The Pennsylvania Superior Court affirmed the defendant’s convictions based on an automobile crash the defendant was involved in while he was intoxicated. The defendant claimed that the trial court violated his Sixth Amendment right to confrontation when it permitted testimony from a laboratory technician to testify regarding blood alcohol content results generated in the course… Continue reading Commonwealth v. Banko