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. In this instance, the Court found that the the pleadings and evidence at trial did establish the plaintiff’s ownership of … Read more
In Repko v. Our Lady of Lordes Medical Center, Inc., plaintiff’s counsel filed a tort action not knowing that his client — plaintiff — had died nine months earlier. Upon learning of plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as plaintiff … Read more
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 persons related by affinity.
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
Police seized incriminating text messages that 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
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
A landowner sued a multi-state agency tasked with maintaining the Delaware River challenging the commissions 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