Clean Air Council v. PA Dep’t Envtl. Prot.

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 … Read more

Thorne v. Pep Boys Manny Moe & Jack

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 … Read more

Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co.

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 … Read more

MB Fin. Bank v. Rao

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 … Read more

Repko v. Our Lady of Lourdes Med. Ctr., Inc.

In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff’s counsel filed a tort action not knowing that his client had died nine months earlier. Upon learning of the plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as the plaintiff … Read more

B.R.S. v. J.L.

The Superior Court ruled in B.R.S. v. J.L. that a petitioner had standing to seek a protection from abuse order against his wife’s sister’s husband, as the two were related by affinity.

In re Trust of Ashton

A beneficiary of a trust under the will of Augustus Ashton was entitled to a fixed sum each year. Other beneficiaries, such as the University of Pennsylvania, were entitled to far larger and variable sums under the same trust. The trustee filed interim accounts for about 35 years of administration of the trust and the … Read more

State v. Armstrong

Police seized incriminating text messages, which the defendant sent to his ex-girlfriend. Defendant moved to suppress the messages, as they were recovered from the ex-girlfriend’s phone without a warrant. The Appellate Division held that the defendant had neither a reasonable expectation of privacy in the text message recovered from his girlfriend’s cellphone nor did he … Read more

Commonwealth v. Alston

The Allegheny County Public Defender’s Office, on behalf of the defendant, served a subpoena duces tecum on the Medical Examier’s Office seeking the autopsy report related to the defendant’s homicide case. The subpoena was issued prior to the defendant’s preliminary hearing. Without granting a hearing on the matter — and with no response from the Medical … Read more

Wayne Land and Mineral Grp. v. Delaware River Basin Comm.

A landowner sued a multi-state agency tasked with maintaining the Delaware River, challenging the Commission’s authority to regulate fracking on its land. Three state senators sought to intervene under Rule 24. The 3rd Circuit held that those state senators must establish Article III standing to intervene, given that they were seeking relief that was plainly … Read more