In re Adoption of B.G.S.

In the case of In re Adoption of B.G.S., on September 9, 2019, Transitions Adoption Agency Agency filed a petition to terminate Father’s parental rights to Child. At the conclusion of the hearing on the petition, the Orphans’ Court granted the petition. Father appealed, and the Superior Court reversed. The Court ruled that Father did … Read more

Branch v. Cream-O-Land Dairy

In Branch v. Cream-O-Land Dairy, an employee sued his employer under the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38 because the employee thought he was entitled to certain overtime wages. But the employer invoked a defense under N.J.S.A. 34:11-56a4(f). That statutory defense is available to “trucking industry employers” who relied in good … Read more

Commonwealth v. Peck

In Commonwealth v. Peck, the defendant sold drugs to the victim while the two were in Maryland. The victim then drove to his home in Pennsylvania, ingested the drugs, and died. The Commonwealth charged the defendant with PWID and drug delivery resulting in death (DDRD). At trial and on appeal after his conviction, the defendant … Read more

Uniontown Newspapers, Inc. v. PA Dept. Corr.

In Uniontown Newspapers, Inc. v. PA Dept. Corr., the Pennsylvania Supreme Court addressed the propriety of the Commonwealth Court’s assessment of sanctions and attorney fees based on a finding of bad faith and willful and wanton behavior by an agency responder under the Right to Know Law (65 P.S. §§ 67.101-67.3104). After the PA DOC … Read more

Rad v. Att’y Gen. United States

In Rad v. Att’y Gen. United States, the defendant appealed the Board of Immigration Appeals’ finding that his violations of the CAN-SPAM Act necessarily entailed deceit, and therefore satisfied the first element of an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). The 3rd Circuit held that, because the Act targets false statements made in contexts … Read more

State v. Paul

In State v. Paul, the defendant, appealed to the trial court’s denial of his motion to relax his pre-trial release conditions. The Appellate Division held that pre-trial discovery, which has reduced the weight of the evidence against the defendant, may constitute “changed circumstances” under Rule 3:26-2(c)(2). Furthermore, a defendant’s compliance with restrictive conditions over an … Read more

In re Canvassing of Absentee and Mail-In Ballots of Nov. 3, 2020 Gen. Election

In re Canvassing of Absentee and Mail-In Ballots of Nov. 3, 2020 Gen. Election involved consolidated appeals by the Trump campaign. The Pennsylvania Supreme Court ruled that the PA Election Code does not require boards of elections to disqualify mail-in or absentee ballots submitted by qualified electors, who signed the declaration on their ballot’s outer … Read more

Commonwealth v. Headley

In Commonwealth v. Headley, the appellant challenged the sufficiency of the evidence of his convictions for recklessly endangering another person (REAP) and discharging a firearm into an occupied structure.  The Superior Court affirmed. The evidence was sufficient for REAP because the appellant intentionally discharged his firearm into the floor of his apartment. The bullet passed … Read more

In re Canvassing Observation

The Pennsylvania Supreme Court dealt another body blow to Donald Trump’s attempts to override the will of the voters. In In re Canvassing Observations, Justice Todd wrote for a five-justice majority in holding that elections officials in Philadelphia gave the Trump campaign’s representative the appropriate degree of access required by the Election Code for an … Read more

Kornfeind v. New Werner Holding Co.

In Kornfiend v. New Werner Holding Co., Kornfiend sued New Werner as well as Home Depot and alleged strict product liability and negligence claims related to the design, manufacture, and sale of a ladder which Kornfiend fell from as he worked on his house. The Superior Court ruled that the lower court erred in denying Home … Read more