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Weekly Caselaw Updates

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Bavo v. Att'y Gen.

The Third Circuit took issue with the Board of Immigration Appeals’ scope and standard of review. The petitioner sought relief under the Convention Against Torture. The Immigration Judge found that the petitioner demonstrated that she will more likely than not experience torture if she returned to Guatemala. And the Guatemalan…

Bavo v. Att’y Gen.
3rd Circuit

The Third Circuit took issue with the Board of Immigration Appeals’ scope and standard of review. The petitioner sought relief under the Convention Against Torture. The Immigration Judge found that the petitioner demonstrated that she will more likely than not experience torture if she returned to Guatemala. And the Guatemalan government would acquiesce in such… Continue reading Bavo v. Att’y Gen.

This case involved the mother and step-father of two children who filed a petition to terminate the parental rights of the children’s father after he did not have contact with the children for well over six months. Section 2511 of the Adoption Act permits the termination of parental rights upon proof that the parent refused… Continue reading In re L.A.K.

Commonwealth v. Young
Pennsylvania Supreme Court

A fractured Pennsylvania Supreme Court addressed its prior decisions in Commonwealth v. Walker and Always Busy Consulting, LLC v. Babford & Co., Inc.(“ABC“) in which the Court dealt with notices of appeal in cases with multiple docket numbers. In Walker, the Supreme Court held that, when one or more orders resolves issues arising on more… Continue reading Commonwealth v. Young

Klar v. Dairy Farmers of America, Inc.
Pennsylvania Superior Court

What started as a boozy work-sponsored outing at a golf resort ended up a lesson in appellate procedure and the Dram Shop Act in the Pennsylvania Superior Court. The plaintiff was injured in a car accident. The crash occurred when a drunk motorist struck the plaintiff. That intoxicated motorist was coming from a golf outing… Continue reading Klar v. Dairy Farmers of America, Inc.

The Pennsylvania Superior Court reversed the trial court’s decision to deny Mother’s request for reinstatement of her appellate rights nunc pro tunc. The trial court terminated Mother’s parental rights. On the same date, the court entered a juvenile court order that changed the child’s permanent placement goal from reunification to adoption. Mother’s attorney filed notices… Continue reading In re I.M.S.

State v. Lodzinski
New Jersey Supreme Court

In a remarkable order, the New Jersey Supreme Court granted reconsideration of its prior per curium order. The defendant was convicted of killing her child. After the trial, she moved for an acquittal under Rule 3:18-2. The trial court denied that post-verdict motion. On appeal, the defendant argued that the trial court erred in its… Continue reading State v. Lodzinski

Brown v. The End Zone, Inc.
Pennsylvania Superior Court

This was a multi-party appeal in which the Pennsylvania Superior Court spent more time wrestling with appellate procedure than on the issues raised. First, the court sua sponte questioned whether each party complied with Walker. After deciding the parties filed appropriate notices of appeal, the Court found that one defendant failed to property preserve some… Continue reading Brown v. The End Zone, Inc.

Father and Mother filed these consolidated appeals from the orders, granting the petition of Children and Youth Services to involuntarily terminate their parental rights. Father and Mother also appealed the trial court’s order changing the children’s permanency goal from reunification to adoption. They filed a single notice of appeal to challenge distinct rulings on two… Continue reading In re S.D.

Tri-State Auto Auction, Inc. v. Gleba, Inc.
Pennsylvania Superior Court

In Tri-State Auto Auction, Inc. v. Gleba, Inc., the Pennsylvania Superior Court affirmed the trial court’s verdict after a bench trial in which the plaintiff sought declaratory relief. But the substance of the matter was of little relevance to the appeal, as the Court did little more than cite the lower court’s summary of the… Continue reading Tri-State Auto Auction, Inc. v. Gleba, Inc.

Witherspoon v. McDowell-Wright
Pennsylvania Superior Court

Witherspoon v. McDowell-Wright is an important read for any lawyer whose client is deceased.  Rule 502 of the Rules of Appellate Procedure governs the scenario and “permits any party to make a suggestion of death on the record. The Rule then states that proceedings may be had as this court directs. The open-endedness of this… Continue reading Witherspoon v. McDowell-Wright