Carlino sued, alleging causes of action for breach of contract and other claims. Without moving to compel any specific production request, Carlino filed a motion to compel the defendants to produce all attorney-client privileged and attorney work product documents relating to the subjects of the underlying litigation in response to its first set of production … Read more
The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the second-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas … Read more
The Pennsylvania Superior Court heard an appeal taken after the Court of Common Pleas granted the defendant’s preliminary objections, thereby dismissing the action. The plaintiff and defendant got into a bar fight, which ended when the plaintiff fell backward and struck his head on a gate. The plaintiff was charged criminally, convicted, and sentenced. As … Read more
The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the first-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas … Read more
The New Jersey Appellate Division affirmed the Law Division’s order dismissing a union’s complaint seeking declaratory relief. The union sought to halt work on a massive solar panel installation that its workers were not involved in. But the project was on a federal military base and not on state or local land. The Appellate Division … Read more
FREMCO petitioned the Pennsylvania Commonwealth Court, seeking a writ of prohibition and writ of mandamus to set aside a settlement agreement as void ab initio due to the incapacity of FREMCO’s Chief Officer. In addition, FREMCO’s petition requested the Court to allow a challenge to an assessment for unemployment compensation taxes nunc pro tunc. The … Read more
In Brown v. Greene Co. Office of Dist. Att’y, Mr. Brown appealed from a decision, which denied his Right-to-Know Law Request. The Pennsylvania Commonwealth Court quashed for lack of jurisdiction because the notice of appeal was filed five days late.
In Romero v. Att’y Gen., the Third Circuit affirmed an order of the Board of Immigration Appeals that affirmed an immigration judge’s denial of the petitioner’s application for withholding of removal. The petitioner argued that the immigration judge lacked jurisdiction because the charging document did not contain the precise date and time of his first … Read more
Commonwealth v. Lopez involved a serial capital post-conviction appeal to the Pennsylvania Supreme Court. In his PCRA petition, the defendant claimed that a cooperating witness — the defendant’s co-conspirator — was given a better deal than was disclosed to the defendant and the jury. At trial, the Commonwealth and the cooperating witness claimed that the … Read more
In Commonwealth v. Sims, the Pennsylvania Superior Court affirmed the lower court’s dismissal of Appellant’s fourth PCRA petition. The petition, titled “Motion for DNA Testing,” was comprised of allegations of ineffective assistance of counsel and that the Commonwealth improperly destroyed his blood samples before trial which resulted in an unfair trial. The Court ruled that … Read more