In Calabretta v. Guidi Homes, Inc., the Superior Court quashed a home-builder’s appeal that challenged the trial court’s order denying (in part) the home builder’s motion for summary judgment. The home builder claimed that the suit was barred by the statute of repose, which typically protects home builders from suits more than 12 years after … Read more
In Hernandez-Morales v. Att’y Gen., the 3rd Circuit held that Hernandez-Morales was “dressing up” discretionary rulings made by an immigration judge as well as the Board of Immigration Appeals as constitutional claims in order to merit review. However, the 3rd Circuit did not bite and held that it did not have jurisdiction to review the … Read more
The PA Supreme Court in Commonwealth v. Small overruled its prior precedent and tossed the “public record presumption.” Traditionally, a defendant, who filed a PCRA petition, could circumvent the statutory one-year filing deadline by proving they had uncovered a newly-discovered fact. But if that newly-discovered fact was a matter of public record, then a presumption existed … Read more
In El v. City of Pittsburgh, the 3rd Circuit confronted two brothers’ Section 1983 actions against three Pittsburgh police officers. What started as an investigatory detention over the possibility that one brother might have purchased tobacco underage (he didn’t) ended with one brother tasered, and the other brother slammed against a wall. The Court reiterated … Read more
In Tazu v. Att’y Gen. United States, the 3rd Circuit held that 8 U.S.C. §1252(g) stripped the district court of jurisdiction to hear a habeas petition in which the petitioner sought to stop the Attorney General from executing a valid removal order while the petitioner tried to reopen his removal proceedings in the Second Circuit.
The 3rd Circuit held in Gentile v. S.E.C. that the Administrative Procedure Act did not waive sovereign immunity to an administrative agency’s decision to investigate.
The District Court in NJ stayed the proceedings in Defense Distributed v. AG NJ while the same claims by some of the same plaintiffs were pending in a District Court in Texas. The plaintiffs appealed the District Court’s stay, and the 3rd Circuit dismissed the suit for lack of appellate jurisdiction, ruling the District Court’s … Read more
Commonwealth v. Reid is one of several similar cases that have passed through the Supreme Court involving former Chief Justice Castille’s role as the elected DA of Philadelphia. In Reid’s case, the Court determined that the PCRA court did not have jurisdiction to reinstate Reid’s nunc pro tunc right to appeal. The Court found that … Read more
In Adams v. Erie Ins. Co., the Superior Court quashed the appeal because a final judgment pursuant to Pennsylvania Rule of Civil Procedure 227.4 had not been entered by the trial court.
In Guiser v. Seiber the Superior Court quashed the appeal, in part, because the appellant did not wait for the trial court to rule on post-sentence motions and enter judgment. But the Court reviewed an order granting injuctive relief because a party has a right to appeal immediately from such relief. The Court held that the trial … Read more