Publications
Pre-trial detention may amount to a due process violation based on conditions of confinement and legitimate governmental objective.
The Third Circuit held that the plaintiff’s claim that his pre-trial confinement constituted “punishment” in contravention of the Due Process Clause was improperly dismissed by the District Court sua sponte.
Case Law Alerts, 3rd Quarter 2013
Public school has no constitutional duty to protect students from abuse by fellow students under conditions alleged. School has no "special relationship" with students giving rise to constitutional duty to protect them from harm from other students.
High school students Brittany and Emily Morrow and their parents Bradley and Diedre Morrow brought this action against Blackhawk School District and Blackhawk High School's Assistant Principal, Barry Balaski, claiming Brittany and Emily were v
Case Law Alerts, 3rd Quarter 2013
Motorcycle operator, as member of general population using city streets, injured in collision with pedestrian crossing the street, did not assert valid constitutional claim against City under state-created danger theory.
The plaintiff was injured driving his motorcycle in Philadelphia when he collided with a woman who was attempting to traverse a twelve-lane boulevard after dismounting a bus that had been operated by defendant, Southeastern Pennsylvania Transporta
Case Law Alerts, 3rd Quarter 2013
Police owe no duty of care to occupants of fleeing vehicle to terminate high-speed chase. Duty of care owed by police to innocent third parties unconnected with wrongdoer or pursued vehicle does not extend to passengers within fleeing vehicle itself.
The plaintiffs' decedent was a passenger in a vehicle that was fleeing from a police vehicle.
Case Law Alerts, 3rd Quarter 2013
U.S. Supreme Court rules that SEC must file enforcement actions within five years of an alleged fraud and is not entitled to discovery tolling.
The SEC filed a civil enforcement action against the officers of an investment advisor, seeking civil penalties under the Investment Advisors Act of 1940. The U.S.
Case Law Alerts, 3rd Quarter 2013
SEC may charge municipalities with securities fraud based upon failure to provide accurate information related to its financial condition.
The City of Harrisburg consented to the entry of an order instituting cease-and-desist proceedings pursuant to Section 21C of the Securities Exchange Act of 1934.
Case Law Alerts, 3rd Quarter 2013
Escort drivers for tractor trailers are not exempt from the Fair Labor Standards Act overtime cap and must be paid overtime compensation.
The plaintiffs were escort drivers who aided in the transportation of large tractor trailers by clearing the road and stopping traffic at intersections to ensure safe travel when appropriate.
Case Law Alerts, 3rd Quarter 2013
If a sufficient record is established, the court will likely hold that maintenance of interstate highways is an inherently dangerous activity and a non-delegable duty, creating liability for employers who hire independent contractors to perform such tasks
Smyth was an automobile accident case in which the personal representative of the estate filed suit after the decedent was run off the highway into a mower tractor driving in the fast lane at night doing 30 miles per hour.
Case Law Alerts, 3rd Quarter 2013
The United States Supreme Court holds that, for purposes of extortion, the property extorted must be "obtainable" and "transferrable" from the victim to another.
The Supreme Court of the United States held that intangible property cannot be extorted under "The Hobbs Act, § 18 U.S.C.
Case Law Alerts, 3rd Quarter 2013
45-day time limit for appealing Utilization Review Determinations is invalid.
In an important and long-awaited decision, the Delaware Supreme Court, in a 3:2 ruling, holds that the 45-day time limit for appealing an adverse Utilization Review Determination is invalid since it conflicts with the five-year statute of limitati
Case Law Alerts, 3rd Quarter 2103