Challenge to CFPB Constitutionality to be Reconsidered by Court en Banc
No. 1,326 As had been expected for some time, the challenge to the constitutionality of the Consumer Financial Protection Bureau will be reconsidered by the full court of the DC Circuit Court of Appeals in a suit brought by mortgage lender PHH. A panel of the Court had ruled that the agency, as constituted with […]
Commonwealth Court Ruling on Act 13 Oil and Gas Regulation is Not the Last Word.
No. 894 On July 26, 2012, the Pennsylvania Commonwealth Court decided a Constitutional challenge to Act 13, the latest legislative attempt to regulate the booming oil and gas industry. By a 4-3 vote it found certain provisions of the statute unconstitutional. See Robinson Township et al. v. Commonwealth, No. 248 MD 2012, not yet found […]
Accusations Against Justice Baldwin While Acting as GC at Penn State Should Not Be Taken As Fact.
Justice Baldwin has had a distinguished career of service that can be matched by few others in this Commonwealth. She is entitled to the presumption that she represented Penn State in a prudent and effective manner.
Supreme Court Accepts Appeal on Wal-Mart Case
In case you may be interested, the Pennsylvania Supreme Court recently granted the petition for allocatur in the case of Braun v. Walmart Stores. The initial appeal was decided by the Superior Court last June and is reported at 24 A.3d 875 (2011). This was a class action involving employee wage and hour claims which was tried in the Philadelphia Court of Common Pleas in 2009. Wal-Mart had appealed from a judgment in the amount of $187,648,589.11.
Superior Court Declines to Apply Business Records Exception to Electronic Records Created by Third-party Assignor of a Debt.
No. 678 In a case of first impression, a panel of the Superior Court declined to find that electronic records of a credit card account generated by a third party , who had assigned the debt to the plaintiff, were entitled to be admitted into evidence under the business records exception to the hearsay rule […]
Goldbeck Case Update
In the post reprinted mmediately below you will find the Post from December discussing the case of Loughren v. Bair, GD 10-021437. Since the post below was written in December, PO’s were filed, followed by an amended complaint whereby Loughren, who filed the original complaint, became the representative party in a class action. Robert F. Dailey of Pierce & Pierce has taken over as counsel for the plaintiff. The Defendants are represented by James Schadel of Weinheimer Schadel & Haber, Pittsburgh.