Magisterial District Courts in Pennsylvania Do Not Have Jurisdiction to Hear Civil Actions Brought in Equity

Arguably, Magisterial district courts in Pennsylvania do not have jurisdiction to hear civil actions brought in Equity. Pa. R. C. P. M. D. J. 301(A) (includes assumpsit and trespass actions, but not actions in equity); “Note” to Pa. R. C. P. M. D. J. 301(A) (does not include equity jurisdiction); Id. (“Civil action includes actions formerly […]

Leave a comment Continue Reading →

Petition for Allowance Grant in Joseph v Scranton Times

Joseph et al v. Scranton Times L.P. et al, 2014 Pa. Super. 49 (2014)(Overview: held that the trial court abused its discretion in denying Appellants’ motion for a new trial because (1) it failed to consider Appellants’ evidence of emotional distress, mental anguish, and personal humiliation; (2) it applied the incorrect standard of proof in […]

Leave a comment Continue Reading →

IRS Lien Foreclosure on Pennsylvania Entireties Property

NOTE: See, United States v. Hipolito, 3:13-cv-338 (M.D. Pa.)(Robert D. Mariani, United States District Judge)(Opinion filed 3/6/2015, Doc. 37, denying IRS motion for summary judgment in foreclosure action against tenancy by the entireties real property owned in Pennsylvania).  March 6 2015 Opinion Denying IRS Summary Judgment The failure to pay federal taxes after demand empowers […]

Leave a comment Continue Reading →

Injunctions under the Computer Fraud and Abuse Act (CFAA)

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, prohibits, among other things, computer crime involving the knowing, unauthorized transmission of code to a “protected” computer which intentionally causes “damage.” 18 U.S.C. § 1030(a)(5)(A)(i). A violation of the CFAA exposes one to both civil and criminal liability. Dresser-Rand Co. v. Jones, 957 F. Supp. […]

Leave a comment Continue Reading →

News & Developments | Commercial & Business Litigation | ABA Section of Litigation: D.C. Circuit Rejects “But For” Standard in Determining Privilege in Internal Investigations

News & Developments | Commercial & Business Litigation | ABA Section of Litigation. September 30, 2014 D.C. Circuit Rejects “But For” Standard in Determining Privilege in Internal Investigations (by Gregory A. Blue, Dilworth Paxson LLP, New York, New York)  

Leave a comment Continue Reading →