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.
An en banc panel of the Pennsylvania Commonwealth Court reversed the trial court’s summary judgment order. Teachers filed a declaratory judgment action and civil rights case, challenging the constitutionality of the Pennsylvania State Education Association’s (PSEA) collection of fair share fees and its implementation of the religious objector provisions of the Pennsylvania Fair Share Law.… Continue reading Ladley v. Pa. State Educ. Assoc.
An en banc panel of the Pennsylvania Commonwealth Court affirmed the trial court’s order, which sustained Licensee’s appeal of the suspension of his driving privileges. Licensee was stopped and arrested on suspicion of DUI. He was asked to submit to a blood test to determine his blood alcohol concentration. He allegedly refused, resulting in the… Continue reading Vazquez-Santiago v. PENNDOT
The Pennsylvania Superior Court reversed and remanded for the entry of an order precluding the Munley firm and its attorneys from representing the plaintiff. This case is nearly identical to — and indeed seems as though it could have been consolidated with — Darrow v. PPL Elec. Util. Co. issued weeks earlier. As in Darrow,… Continue reading Rudalavage v. PPL Elec. Util. Co.
The New Jersey Appellate Division heard cross-appeals concerning the defendant’s sentence after convictions for leaving the scene of a fatal motor vehicle accident and endangering an injured victim. The State contended that the sentencing court’s decision to impose concurrent state prison terms was illegal because the statutes defining both crimes require that the prison terms… Continue reading State v. Herrera
The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Appeal Board, which denied Employer a credit against its payment of workers’ compensation benefits for Federal Pandemic Unemployment Compensation benefits Claimant received under Section 2104(b)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The sole issue was whether Pandemic Compensation under the CARES Act constituted… Continue reading Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal
The Pennsylvania Superior Court held that the trial court correctly applied McClelland II in holding there was insufficient evidence to establish a prima facie case as to each element at a preliminary hearing where the Commonwealth relied on hearsay evidence alone to prove that the defendant shot someone. The Commonwealth charged the defendant with attempted… Continue reading Commonwealth v. Harris
An en banc panel of the Pennsylvania Superior Court ruled against the defendant in his challenges to his convictions for sexual abuse of two minors. But the Court vacated his judgment of sentence, finding that the sentencing court illegally altered the sentence without proper notice. The Commonwealth filed bills of information against the defendant, alleging… Continue reading Commonwealth v. Renninger
The New Jersey Supreme Court considered whether an employee’s claim that her subordinate’s gender bias influenced her employer’s decision to terminate her, in violation of the Law Against Discrimination (LAD), was sufficient to proceed to trial. Plaintiff filed a complaint asserting that the Council released her based on her gender in violation of the LAD.… Continue reading Meade v. Twp. of Livingston
An en banc panel of the Commonwealth Court reviewed preliminary objections in an environmental action filed by the state against Monsanto and its successors for public nuisance, trespass, design defect, failure to warn and instruct, negligence, and unjust enrichment for the company’s PCB contamination of the state’s waters. In an 84-page opinion, the Court ruled… Continue reading Commonwealth v. Monsanto Co.