Jenkins v. Robertson
The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that…
The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that the tenant had “no right… Continue reading Jenkins v. Robertson
In this quiet title case, the Pennsylvania Superior Court reversed the trial court’s order granting plaintiffs a new trial and issued an ominous warning that the court “must not allow the unauthorized practice of law.” The matter proceeded as a bench trial to determine the rightful owner of two properties in Philadelphia. At trial, the… Continue reading Frezghi v. Tesfamariam
Wholesale pharmaceutical distributors sued two private entities under § 1983 for alleged constitutional and federal law violations. Though the plaintiffs alleged harm caused by the defendants’ conduct, their claims were missing an essential element: a state actor. Because the plaintiffs failed to allege sufficiently that the defendants were acting for a state, any wrong the… Continue reading Matrix Distrib. v. Nat’l Ass’n of Bds. of Pharm.
The Third Circuit dealt with an appeal from the denial of the petitioner’s second habeas corpus petition under 28 U.S.C. § 2254. The petitioner was convicted of multiple homicides in state court and was sentenced to death. In his first 2254 petition, he won resentencing. But at the resentencing, the jury again sentenced him to… Continue reading Lesko v. Sec’y Pa. Dept. of Corr.
Applied Underwriters Captive Risk Assurance Co. v. N.J. Dep’t of Banking and Ins.
New Jersey Appellate Division
The New Jersey Appellate Division held that the New Jersey Commissioner of the Department of Banking and Insurance may pursue an administrative action against non-admitted foreign insurance companies for alleged violations of New Jersey Insurance Law. Specifically, the Court dealt with N.J.S.A. 17:32-20, which specifies that the Attorney General “shall institute” actions in Superior Court… Continue reading Applied Underwriters Captive Risk Assurance Co. v. N.J. Dep’t of Banking and Ins.
The Pennsylvania Superior Court vacated the defendant’s sentence and ruled that the lower court lacked jurisdiction to resentence him. The case’s procedural history is tortured but can be summarized as follows: 1.) The lower court granted collateral relief in the form of a new sentencing proceeding resulting in the defendant’s 2015 judgment of sentence; 2.)… Continue reading Commonwealth v. Fantauzzi
In this matrimonial appeal, the New Jersey Appellate Division ruled that the trial court erroneously found a lack of subject matter jurisdiction over Plaintiff’s claim that an account held by a limited liability company controlled by Defendant was a marital asset. In May 2017, after a thirty-four-day trial spanning three calendar years, the parties entered… Continue reading Devers v. Devers
The New Jersey Appellate Division ruled that the lower court did not possess personal jurisdiction over a nonresident alleged to have fathered a child during a sexual relationship with a New Jersey resident when the child was conceived in New York. The Court analyzed the issue under New Jersey’s Uniform Interstate Family Support Act. More… Continue reading M.A.P. v. E.B.A.
The Pennsylvania Commonwealth Court reversed an order of the trial court, which dismissed a charter school’s action against the county for allegedly collecting taxes on the school’s tax-exempt property. The Commonwealth Court reasoned that the matter should have been transferred to Appeals Board to consider the merits of the case because the county’s notice regarding… Continue reading Circle of Seasons Charter Sch. v. Northwestern Lehigh Sch. Dist.
In an opinion hardly longer than this summary, the Pennsylvania Superior Court reaffirmed its prior holding that “a judgment of sentence becomes final the day an appellant discontinues his direct appeal.” On June 16, 2020, the appellant filed a petition seeking relief under the Post Conviction Relief Act. But he had voluntarily discontinued his direct… Continue reading Commonwealth v. Woolstrum