State v. Sims

The Appellate Division dealt with two important constitutional issues in State v. Sims. First, the Court was asked to determine whether police officers were required to inform the defendant of the charges he was arrested for, even if no charges had yet to be formally filed. Relying on the New Jersey Supreme Court’s holdings in … Read more

Starnes v. Butler Cnty. Ct. of Common Pleas

In Starnes v. Butler Cnty. Ct. of Common Pleas, the 3rd Circuit held that a district judge was entitled to qualified immunity based on a court employee’s claim that the judge violated her First Amendment right to freedom of association by forcing her into a romantic relationship. 

Commonwealth v. Rankin

When the Superior Court says it is going to employ “rationality and realism,” you know you’re in for a doozy. In Commonwealth v. Rankin, the Commonwealth charged the defendant with misdemeanors and summaries related to traffic tickets and poor driving. A jury acquitted him of the misdemeanor, but the trial judge immediately convicted him on … Read more

Dana Holding Corp. v. Workers’ Comp. Appeal Brd.

While the instant action was proceeding on direct appeal, the Supreme Court ruled in Protz v. Workers’ Compensation Appeal Board, 161 A.3d 827 (Pa. 2017) that a certain portion of workers’ compensation benefits statutory law was unconstitutional. The claimant in the instant matter properly raised and preserved the same issue for his case and now … Read more

Carr v. PA Dep’t of Trans.

A civil servant who worked for PennDOT posted to her Facebook account a rant about the poor performance of school bus drivers and her seemingly cavalier attitude toward running over small children. As a result, she was fired. She sued to get her job back. The Pennsylvania Supreme Court noted that the government has a … Read more