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Weekly Caselaw Updates

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Phoebe Servs. Inc. v. City of Allentown

The issue in this appeal was whether the trial court erred by misinterpreting the meaning of “business” as defined in a City of Allentown ordinance. In 2018, the City’s Revenue and Audit Bureau issued a Notice of Underpayment and Assessment to Phoebe Services ("Phoebe"), indicating the City’s intention to retroactively…

Phoebe Servs. Inc. v. City of Allentown
Pennsylvania Commonwealth Court

The issue in this appeal was whether the trial court erred by misinterpreting the meaning of “business” as defined in a City of Allentown ordinance. In 2018, the City’s Revenue and Audit Bureau issued a Notice of Underpayment and Assessment to Phoebe Services (“Phoebe”), indicating the City’s intention to retroactively impose its business privilege tax… Continue reading Phoebe Servs. Inc. v. City of Allentown

Scranton Quincy Clinic Co. v. Palmiter
Pennsylvania Superior Court

This case presented the Pennsylvania Superior Court with an issue of first impression: Whether the Medical Marijuana Act (“MMA”) creates a private remedy for violations of § 2103 of the Act, which focuses on protecting employee-patients certified to use medical marijuana from employers who would penalize them for availing themselves of the benefits conferred by… Continue reading Scranton Quincy Clinic Co. v. Palmiter

State v. Njango
New Jersey Supreme Court

The New Jersey Supreme Court addressed the issue of time credit where a defendant served time in custody beyond his release date. Njango served a lengthy NERA sentence with a parole-supervision tail under a plea agreement but was kept in custody for an extra year beyond his maximum release date. Njango filed a PCR petition… Continue reading State v. Njango

State v. Carter
New Jersey Supreme Court

The New Jersey Supreme Court issued a critical decision regarding traffic stops based on covered or obscured license plates under N.J.S.A. 39:3-33. In these two consolidated cases, the defendants were stopped because their license plate covers obscured the phrase “Garden State”. In one case, the entire phrase was covered, and in the other case, only… Continue reading State v. Carter

McCloskey v. Pub. Util. Comm’n (Appeal of Metropolitan Edison Co.)
Pennsylvania Supreme Court

The parties disputed whether and, if so, how the addition of Section 1301.1(a) into Subchapter A of Chapter 13 of the Public Utility Code Code, requiring inclusion of “income tax deductions and credits” in rate calculations, should apply to the “distribution system improvement charges” (“DSICs”) rate adjustment mechanism. The Public Utility Commission ruled in favor… Continue reading McCloskey v. Pub. Util. Comm’n (Appeal of Metropolitan Edison Co.)

Commonwealth v. Sanchez-Frometa
Pennsylvania Superior Court

In Commonwealth v., Sanchez-Frometa, the Pennsylvania Superior Court held that the Pennsylvania Crimes Code does not authorize a court to impose a sentence of life without the possibility of parole on a juvenile offender for murder in the second degree.

Sanchez v. Att’y Gen.
3rd Circuit

In Sanchez v. Att’y Gen., Petitioner sought review of the Board of Immigration Appeals’ (“Board”) denial of his request for remand to the Immigration Judge for administrative closure, which would have given time for renewal of his Deferred Action for Childhood Arrivals (“DACA”) status. The Board determined that it did not have authority to administratively… Continue reading Sanchez v. Att’y Gen.

Commonwealth v. Rosario
Pennsylvania Superior Court

In Commonwealth v. Rosario, the defendant appealed his convictions of attempted murder and related charges. The Pennsylvania Superior Court affirmed as to the convictions but vacated the judgment of sentence. The defendant claimed that the trial court should have suppressed a gun and argued that a 16-year-old could not consent to the police’s search of… Continue reading Commonwealth v. Rosario

United States v. Walker
3rd Circuit

In United States v. Walker, the 3rd Circuit addressed whether an attempt to commit a crime of violence categorically qualified as a crime of violence itself.  The defendant asserted that attempted Hobbs Act robbery cannot serve as a valid predicate crime of violence under 18 U.S.C. § 924(c). He reasoned that a person could be… Continue reading United States v. Walker

Ganoe v. PA Dep’t of Transp., Bureau of Driver Licensing
Pennsylvania Commonwealth Court

In Ganoe v. PA Dep’t of Transp., Bureau of Driver Licensing, Licensee appealed the trial court’s order, which suspended his operating privilege under Section 1532(c) of the Vehicle Code, 75 Pa. C.S. § 1532(c), after his conviction for a drug offense. However, at the time of his hearing before the trial court, Section 1532(c) no… Continue reading Ganoe v. PA Dep’t of Transp., Bureau of Driver Licensing