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Weekly Caselaw Updates

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Petro v. Platkin

The New Jersey Appellate Division affirmed the Chancery Division's order that ruled the plaintiffs lacked standing and their substantive challenge lacked merit. At issue was New Jersey's Medical Aid in Dying for the Terminally Ill Act, which permits an adult with a terminal illness and whose physician has determined that…

The New Jersey Appellate Division affirmed the Chancery Division’s order that ruled the plaintiffs lacked standing and their substantive challenge lacked merit. At issue was New Jersey’s Medical Aid in Dying for the Terminally Ill Act, which permits an adult with a terminal illness and whose physician has determined that they have a life expectancy… Continue reading Petro v. Platkin

The New Jersey Appellate Division began its opinion by succinctly stating the issue: “In this case of first impression, we consider whether a victim in a criminal matter has standing to appeal from a trial court order granting defendant’s motion for a civil reservation, where the victim neither moved to intervene before the trial court… Continue reading State v. Lavrik

Host Intern’l, Inc. v.Marketplace PHL, LLC
3rd Circuit

“We only serve Pepsi here.” The Third Circuit ruled that the plaintiff lacked antitrust standing and did not adequately plead a violation of Section 1 of the Sherman Act. After a competitive bidding process, Host International won two concession spots at Philadelphia International Airport (PHL). But negotiations between Host and MarketPlace, which runs PHL, for… Continue reading Host Intern’l, Inc. v.Marketplace PHL, LLC

Diop v. Bur. of Prof’l and Occupational Aff.
Pennsylvania Commonwealth Court

In this original jurisdiction action, Petitioners challenged the constitutionality of specific provisions of the statute commonly known as the Beauty Culture Law (Law), which requires a license to engage in the commercial practice of natural hair braiding. Petitioners challenged this regulatory regime both facially and as applied to them. Before the Pennsylvania Commonwealth Court were… Continue reading Diop v. Bur. of Prof’l and Occupational Aff.

Firearm Owners Against Crime v. City of Harrisburg Mayor Papenfuse
Pennsylvania Supreme Court

The Pennsylvania Supreme Court ruled that the Commonwealth Court correctly held that Appellees had individual and associational standing to challenge four of the City of Harrisburg’s ordinances regulating firearms. Appellees filed a complaint for declaratory judgment and injunctive relief against the City, seeking to have ordinances declared unconstitutional and statutorily preempted. Appellees asserted the City’s… Continue reading Firearm Owners Against Crime v. City of Harrisburg Mayor Papenfuse

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