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Weekly Caselaw Updates

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Artisan Constr. Grp., LLC v. Zoning Hearing Bd. of Upper Pottsgrove Twp.

The Pennsylvania Commonwealth Court disagreed with the Court of Common Pleas that this appeal should be quashed. Upper Pottsgrove Township appealed a zoning issue and served its statement of errors on the trial court via UPS. The trial court opined that the appeal should be quashed because the litigant did…

Artisan Constr. Grp., LLC v. Zoning Hearing Bd. of Upper Pottsgrove Twp.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court disagreed with the Court of Common Pleas that this appeal should be quashed. Upper Pottsgrove Township appealed a zoning issue and served its statement of errors on the trial court via UPS. The trial court opined that the appeal should be quashed because the litigant did not include a United States… Continue reading Artisan Constr. Grp., LLC v. Zoning Hearing Bd. of Upper Pottsgrove Twp.

In re Proposed Construction of Compressor Station (CS327)
New Jersey Supreme Court

In a five-page order, the New Jersey Supreme Court held that a natural gas company should have been named as a party on a public watchdog group’s notice of appeal, pursuant to Rule 2:5-1(d).

Laudato v. EQT Corp.
3rd Circuit

The Third Circuit issued a procedural opinion granting the petitioner’s appeal under Fed. R. Civ. P. 23(f), which permits an appellate court to hear an appeal from an order granting or denying class-action certification. The respondent was a landowner who claimed that the petitioner stored natural gas in six separate storage fields without compensation. The… Continue reading Laudato v. EQT Corp.

Jones v. McGreevy
Pennsylvania Superior Court

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

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

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.

Keystone Specialty Services Co. v. Ebaug
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed an order from the Court of Common Pleas granting summary judgment in favor of the defendants in this commercial landlord-tenant dispute. But this opinion is less a lesson on landlord-tenant law and more one on legal writing. The tenant filed suit against its landlord when water damaged the tenant’s property.… Continue reading Keystone Specialty Services Co. v. Ebaug

Quigley v. Unemployment Comp. Bd. of Rev.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that the Unemployment Compensation Board of Review erred when it concluded sua sponte that the claimant was ineligible for unemployment benefits. Before the referee, the issue was whether the claimant’s income from her side hustle was deductible from unemployment compensation after being laid off from her primary job. The Board reversed… Continue reading Quigley v. Unemployment Comp. Bd. of Rev.

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

Smithson v. Columbia Gas of PA/Nisorce and Maple Grove Enterprises
Pennsylvania Superior Court

This litigant should have retained an attorney, who would’ve hired Sullivan | Simon to ghostwrite the brief. Smithson owns land in Clarion County. He filed a complaint asserting claims that the defendants unlawfully removed natural gas from his land and later sold it back to him. The trial court granted the defendants’ motion for summary… Continue reading Smithson v. Columbia Gas of PA/Nisorce and Maple Grove Enterprises