Murthy v. Missouri, 2024. U.S. LEXIS 2842 (S. Ct. June 26, 2024) Murthy v. Missouri, 2024, Supreme Court of the United States, decided June 26, 2024. Following a grant of panel rehearing, the Fifth Circuit affirmed in part and reversed in part. Missouri v. Biden, 83 F. 4th 350 (2023). It first held that the […]
Category Archives: Summary Court Opinions
CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-INDIVUDUALS WITH DISABILITIES EDUCATION ACT-FREE APPROPRIATE PUBLIC EDUCATION-COVID19
Abigail P., v. Old Forge School District, 2024. U.S. LEXIS 15488 (S. Ct. June 26, 2024) Abigail P. v. Old Forge Sch. Dist., Supreme Court of the United States, decided June 26, 2024. This appeal requires us to decide whether a disabled child received a free appropriate public education (FAPE) during the COVID-19 pandemic. Through […]
CONTRACTS-ANTICIPATORY REPUDIATION
Tedesco Excavating & Paving, Inc. v. FWH LLC, 2024. Pa. Super LEXIS 253 (S. Pa. Ct. June 24, 2024) Tedesco Excavating & Paving, Inc. V. FWH Development, LLC, Superior Court of Pennsylvania, decided June 24, 2024. OPINION BY KUNSELMAN, J.: In this construction-contract dispute, the Defendant, FWH Development, LLC, appeals from the $678,238.31 judgment that […]
CONSTITUTIONAL LAW-FOURTH AMENDMENT-PROBABLE CAUSE
Gonzalez v. Trevino, 2024 U.S. LEXIS 2708 (S. Ct. June 20, 2024) Gonzalez v. Trevino, Supreme Court of the United States, decided June 20, 2024. PER CURIAM In Nieves v. Bartlett, the Supreme Court held that, as a general rule, a plaintiff bringing a retaliatory-arrest claim must plead and prove the absence of probable cause […]
CONSTITUTIONAL LAW-IMMIGRATION-NON-CITIZEN
Department of State v. Munoz,2024 U.S. LEXIS 2716 (S. Ct. June 21, 2024) (Barrett, J.) Department of State v. Munoz, Supreme Court of The United States, decided June 21, 2024. Justice Barrett delivered the opinion of the Court. Luis Asencio-Cordero seeks to enter the United States to live with Sandra Muñoz, his wife. To obtain […]
CONSTITUTIONAL-LAW-SECOND-AMMENDMENT-GUNS-DOMESTIC VIOLENCE/PFA
United States v. Zackey Rahimi, 2024 U.S. LEXIS 2714 (S. Ct. June 21, 2024) (Roberts, J.) United States v. Zackey Rahimi, Supreme Court of The United States, decided June 23, 2024. Chief Justice Roberts delivered the opinion of the Court. A federal statute prohibits an individual subject to a domestic violence restraining order from possessing […]
CONSTITUTIONAL LAW-SIXTH AMENDMENT-CONFRONTATION CLAUSE-EVIDENCE-HERESY-OUT OF COURT STATEMENTS TO PROVE RESULTS OF FORENSIC TESTING
State of Arizona v. Smith 2022, 2024 U.S. LEXIS 2712 (S. Ct. June 13, 2024) (Kagan, J.) State of Arizona v. Smith 2022, Supreme Court of The United States, decided June 13, 2024. Justice Kagan delivered the opinion of the Court. The Sixth Amendment’s Confrontation Clause guarantees a criminal defendant the right to confront the […]
PROCEDURE-DISCOVERY-TREATING PHYSICIAN-CONCLUDING-AFFIRMATION
Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 This case concerns application of Pennsylvania Rule of Civil Procedure 4003.6. Opinion by Justice Mundy. Pa.R.Civ.P. 4003.6. Specifically, we must determine whether the first exception to Rule 4003.6 (client exception) permits […]
PROCEDURE-DISCOVERY-TREATING PHYSICIAN
Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 OPINION BY PELLEGRINI, J.: Bobbi Ann Mertis (Mertis) appeals from the order entered in the Court of Common Pleas of Luzerne County (trial court) denying her motion to disqualify the law […]
PROCEDURE-AFFIRMATIVE DEFENSES-MOTION TO STRIKE AFFIRMATIVE DEFENSES-TRIAL-MOTION TO STRIKE
.Barnes v.Truck-Lite Co., June 13, 2024 U.S. Dist. LEXIS 105000 (M.D. Pa. June 13, 2024) (Brann, M.) A. Barnes v. Truck-Lite Co., Middle District of Pennsylvania, decided June 13, 2024 MEMORANDUM OPINION I. BACKGROUND In March 2024, Plaintiff Abraham Barnes filed an Amended Complaint against Clarience Technologies, LLC, Truck-Lite Co., LLC, and Kessel Construction Inc. […]