Search:
Weekly Caselaw Updates

Sign up here to receive a weekly email with summaries of every precedential case out of the Third Circuit and the appellate courts in Pennsylvania and New Jersey. No fluff. No filler. No fee.

In re Ashton

The Pennsylvania Supreme Court declined "to adopt a test for standing whereby a retroactive or future enlargement in trustee compensation can only be challenged by a beneficiary who is able to demonstrate, preliminary, that her benefit will be affected by the increase." Augustus Ashton created a trust in his will…

The Pennsylvania Supreme Court declined “to adopt a test for standing whereby a retroactive or future enlargement in trustee compensation can only be challenged by a beneficiary who is able to demonstrate, preliminary, that her benefit will be affected by the increase.” Augustus Ashton created a trust in his will when he died in 1951.… Continue reading In re Ashton

Ellison v. Am. Bd. of Orthopaedic Surgery
3rd Circuit

The Third Circuit didn’t buy a “damned if I do; damned if I don’t” argument. Ellison is an orthopedic surgeon practicing in California. He wanted to move to northern New Jersey and practice at one of the hospitals there. Those hospitals generally grant medical staff privileges to physicians only if they have been certified by… Continue reading Ellison v. Am. Bd. of Orthopaedic Surgery

Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals
3rd Circuit

In this long-running dispute, the Virgin Islands Conservation Society, Inc. (“VICS”) — an environmental advocacy organization — challenged a default permit that the Virgin Islands Board of Land Use Appeals granted to Golden Resorts LLLP. VICS filed its petition for writ of review in the Superior Court of the Virgin Islands, a territorial court, and… Continue reading Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals

E.A., III v. E.C.
Pennsylvania Superior Court

More than three months after Father’s death, and more than two months after the court granted Mother’s petition to withdraw Father’s custody complaint and cancel the custody trial, Maternal Grandmother filed a petition to intervene in the custody litigation. The trial court granted Maternal Grandmother’s petition. The Pennsylvania Superior Court reversed, noting the appeal turned… Continue reading E.A., III v. E.C.

Gates v. City of Pittsburgh Hist. Rev. Comm’n
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court agreed with Pittsburgh’s Historic Review Commission that the appellants lacked standing to challenge the Commission’s decision to allow changes to a historic home. A homeowner sought permission to swap aluminum windows for vinyl windows in their historic home. A neighbor within the same historic district spoke out against the swap. When… Continue reading Gates v. City of Pittsburgh Hist. Rev. Comm’n

The New Jersey Appellate Division heard an appeal from an order granting a legal guardian’s application to intervene in M.F.’s involuntary commitment proceedings. M.F. had been involuntarily committed for close to a decade by the time this appeal arose. Counsel argued that M.F. was ready to be stepped down to a less restrictive housing situation,… Continue reading In re M.F.

Clean Air Council v. PA Dep’t Envtl. Prot.
Pennsylvania Commonwealth Court

In the consolidated appeals of Clean Air Council v. PA Dep’t Envtl. Prot., the parties sought review of the orders of the Environmental Hearing Board (EHB) denying the parties’ fee applications filed pursuant to provisions of The Clean Streams Law. The Commonwealth Court quashed the Department of Environmental Protection’s (DEP) appeal and then affirmed the… Continue reading Clean Air Council v. PA Dep’t Envtl. Prot.

Thorne v. Pep Boys Manny Moe & Jack
3rd Circuit

The issue in Thorne v. Pep Boys Manny Moe & Jack was whether the plaintiff could sue her tire dealer for ignoring a federal regulation that requires a tire dealer to help customers register their new tires with the manufacturer (49 U.S.C. § 30101, et seq.). The 3rd Circuit agreed with the District Court’s ruling… Continue reading Thorne v. Pep Boys Manny Moe & Jack

Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co.
New Jersey Appellate Division

In Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co., the NJ Appellate Division permitted a condo association’s claim to proceed to trial. The claim was based on allegations that the actions of the defendants, who installed windows into units of an apartment building, altered the plaintiff’s buildings’ exterior appearance in a way that violated… Continue reading Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co.

MB Fin. Bank v. Rao
Pennsylvania Superior Court

The Superior Court addressed standing in the context of a foreclosure action in MB Fin. Bank v. Rao. More specifically, the Court considered whether the plaintiff sufficiently proved that it owned a Lost Note Affidavit. The Court found that the pleadings and evidence at trial did establish the plaintiff’s ownership of the affidavit and thus… Continue reading MB Fin. Bank v. Rao