HMS Legal Blog

Check the Certified Trial Court Record for Omissions

Did you know that Pennsylvania appellate courts may find an issue waived where a document relevant to the issue is omitted from the original record certified by the trial court, even though the document is available to the appellate court in the reproduced record and there is no dispute that the document was admitted into evidence and relied on by the trial court?

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Justiciability of Pre-enforcement Challenge to Agency Regulations Reaffirmed

Revisiting the Arsenal Coal exception to the general rule that the exhaustion doctrine bars a challenge to administrative agency regulations until after the challenger is aggrieved by their application, the Supreme Court reaffirmed the availability of pre-enforcement review where the issue presented is ripe and the challenged regulations have an immediate impact on an industry such that the delay and uncertainty associated with enforcement and subsequent judicial review would cause hardship.  Bayada Nurses, Inc. v. Dept. of Labor and Industry, __Pa. __, ___A. 2d ___ (2010) (67 MAP 2008, decided November 17, 2010).

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Pennsylvania Standing Rule

Finding that an asbestos plaintiff defending a motion for summary judgment has standing to facially challenge the constitutionality of a liability-capping statute on dormant Commerce Clause and Equal Protection grounds, the Pennsylvania Supreme Court recently clarified the role of the “zone of interest” inquiry within the familiar “direct-immediate-substantial” test for standing. Johnson  v. American Standard, __Pa. __, 8 A. 3d 318 (2010).

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