United States v. Perez

The defendant, who was known as Toast, pleaded guilty to firearms and drugs offenses arising from, among other things, selling guns to an undercover police officer. The Sentencing Guidelines recommended between 84 and 105 months’ imprisonment. But at the Government’s urging, the District Court applied a sentencing enhancement that brought the recommended prison time up … Read more

Commonwealth v. Satterfield

Satterfield entered an open guilty plea to various offenses, including three counts of leaving the scene of an accident involving death or personal injury, 75 Pa.C.S. § 3742. Reasoning that Satterfield left the scene, leading to the deaths of three individuals, the trial court sentenced him on the three Section 3742 convictions to incarceration for … Read more

U.S. Venture, Inc. v. Pa.

In 2014, Venture applied for and received two Alternative and Clean Energy (“ACE”) grants under 73 P.S. § 1649.307(a)(1)(iii). After completing the projects, Venture sought payment of the grant money. The Commonwealth Financing Authority (“CFA”) denied the request, stating Venture improperly structured the construction and financing of the project. Venture filed a statement of claim … Read more

City of Johnstown v. Workers’ Comp. App. Bd. (Sevanick)

The Pennsylvania Supreme Court reconciled competing interpretations of the Workers’ Compensation Act as it relates to the timeliness of claims for firefighters suffering from certain work-related cancers. Section 301(c)(2) of the Act provides that a compensable injury includes death or disability caused by occupational diseases. That same section requires that when a claim is based … Read more

Commonwealth v. Baker-Myers

The Pennsylvania Supreme Court ruled the Commonwealth must prove as an element of corruption of minors that the defendant violated an offense in Chapter 31 (relating to sexual offenses). Section 6301(a)(1)(ii) was amended in 2010 to provide for additional penalties when the crimes that corrupt the morals of minors are sexual offenses.

In re $300,000

Litigators: Read this Pennsylvania Commonwealth Court opinion involving return of property actions. In connection with a return of property action brought under Pa.R.Crim.P. 588 after the police seized his property during a traffic stop, Mr. Xu filed a motion to suppress. The Commonwealth opposed the suppression motion, maintaining that he could not bring a stand-alone … Read more

E.A., III v. E.C.

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 … Read more

In re Penn Treaty Network America Ins. Co. (In Liquidation)

The Pennsylvania Insurance Commissioner, in her capacity as Statutory Liquidator of Penn Treaty Network America Insurance Company and American Network Insurance Company (together, the Companies), applied to the Pennsylvania Commonwealth Court for a declaration that she was authorized under Article V of The Insurance Department Act of 1921 to allocate assets from the Companies’ estates … Read more

Dobco, Inc. v. Bergen Co. Improvement Auth.

In this case, the Bergen Co. Improvement Authority (BCIA) issued a request for qualifications (RFQ) which designated the general contractor for the project as the “redeveloper” and stated the BCIA would contract with the general contractor to provide goods and services for the rehabilitation of a courthouse. The redeveloper would be paid with public funds … Read more

In re Election for Atlantic Co. Freeholder District 3 2020 Gen. Election

Appellant appealed from a New Jersey Law Division order, which revoked her certificate of election for County Commissioner for the Third District in Atlantic County, declared a vacancy, and scheduled a special election for the position. The New Jersey Appellate Division affirmed and ruled that Appellant’s challenger met the burden of proof under N.J.S.A. 19:29-1(e) … Read more